s^. 


^%^>. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


■M^\t<>. 


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^1^ 


/a 


/A 


1.0 


l^iiil 


14 


I.I 


■12 

m 


m 

Z2 

1.8 


1.25      1.4      1.6 

=     _    ^ 

.^_ 6"     

► 

Photographic 

Sciences 
Corporation 


33  WEST  MAIN  STREET 

WEBSTER, NY.  MS80 

(716)  873-4503 


%' 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Biblio0raphic  Notas/Notas  tachniquas  at  bibliographiquaa 


Tha  Inttituta  hat  attamptad  to  obtain  tha  baat 
original  copy  avaiiabia  for  filming.  Faaturat  of  thia 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  'magaa  in  tha 
raproduction,  or  which  may  aignificantly  changa 
tha  usual  mathod  of  filming,  ara  chackad  balow. 


D 


D 
D 
D 
D 


D 


D 


Colourad  covart/ 
Couvartura  da  coulaur 


I     I    Covara  damagad/ 


Couvartura  andommagte 

Covara  rattorad  and/or  laminatad/ 
Couvartura  rastaurda  at/ou  paliicuida 

Covar  titia  missing/ 

La  titra  da  couvartura  manqua 

Colourad  maps/ 

Cartas  gAographiquaa  an  coulaur 

Colourad  Inic  (i.a.  othar  than  blua  or  black)/ 
Encra  da  coulaur  (i.a.  autra  qua  blaua  ou  noira) 


□    Colourad  platas  and/or  illustrations/ 
Planchas  at/ou  illustrations  an  coulaur 

I      I    Bound  with  othar  matarial/ 


D 


RaliA  avac  d'autras  documants 

Tight  binding  may  causa  shadows  or  distortion 
along  intarior  margin/ 

La  raliura  sarrta  paut  causar  da  I'ombra  ou  da  la 
distortion  la  long  da  la  marga  IntAriaura 

Blank  laavas  addad  during  rastoration  may 
appaar  within  tha  taxt.  Whanavar  possibia,  thasa 
hava  baan  omittad  from  filming/ 
II  sa  paut  qua  cartainas  pagas  blanchas  ajoutAas 
lors  d'una  rastauration  apparaissant  dans  la  taxta, 
mais.  lorsqua  cala  Atait  possibia,  cas  pagaa  n'ont 
pas  At*  filmAas. 

Additional  commants:/ 
Commantairas  supplAmantairas; 


L'Institut  a  microfilmi  la  maillaur  axamplaira 
qu'il  lui  a  At*  poasibia  da  sa  procurar.  Laa  ditails 
da  cat  axamplaira  qui  aont  paut-Atra  uniquaa  du 
point  da  vua  bibliographiqua,  qui  pauvant  modifiar 
una  imaga  raproduita.  ou  qui  pauvant  axigar  una 
modification  dans  la  mAthoda  normala  da  f ilmaga 
aont  indiquAs  ci-dassous. 


Tha 
tot 


r~n   Colourad  pagas/ 


D 


Pagas  da  coulaur 

Pagas  damagad/ 
Pagas  andommagAas 

Pagas  rastorad  and/oi 

Pagas  rastaur6as  at/ou  palliculAas 

Pagas  discolourad.  stainad  or  foxai 
Pagas  dAcoiorAas,  tachatAas  ou  piquAas 

Pagas  detachad/ 
Pagas  d6tach6es 

Showthrough/ 
Transparanca 

Quality  of  prir 

Qualiti  inAgala  da  I'imprassion 

Includas  supplamantary  matarii 
Comprand  du  material  supplAmantaira 

Only  adition  avaiiabia/ 
Saula  Adition  disponibia 


I     I  Pagas  damagad/ 

I      I  Pagas  rastorad  and/or  laminatad/ 

r~n  Pagas  discolourad.  stainad  or  foxad/ 

pn  Pagas  detachad/ 

I      I  Showthrough/ 

I      I  Quality  of  print  varies/ 

rn  Includes  supplementary  material/ 

I — I  Only  adition  available/ 


Pagas  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Lea  pages  totalament  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  una  pelure, 
etc.,  ont  AtA  filmAes  A  nouveau  da  fapon  A 
obtenir  la  meilleure  image  possible. 


Tha 
pos 
oft 
film 


Ori( 
beg 
the 
sior 
othi 
first 
sior 
or  il 


Thfl 
shal 
TIN 
whi 

Mai 
diff( 
anti 
beg 
righ 
reqi 
met 


This  item  is  filmed  at  tha  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  da  rAduction  indiquA  ci-dassous. 

10X  14X  18X  22X 


26X 


30X 


v/ 


12X 


lex 


20X 


24X 


32X 


Th«  copy  filmed  h«r«  has  b««n  raproducsd  thanks 
to  tha  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 


L'axamplaira  film*  fut  raproduit  grica  A  la 
gAnArosIt*  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 


Tha  imagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


Original  copias  in  printed  papar  covers  ara  filmed 
beginning  with  the  front  cover  and  ending  on 
the  lest  pege  with  e  printed  or  illustreted  impres- 
sion, or  the  beck  cover  when  eppropriate.  All 
other  originel  copies  ore  filmed  beginning  on  the 
first  pege  with  e  printed  or  illustrated  impres- 
sion, end  ending  on  the  lest  pege  with  a  printed 
or  illustreted  impression. 


Thfl  lost  recorded  frome  on  each  microfiche 
shall  contoin  the  symbol  —^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"). 
whichever  applies. 

Mops,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  ore  filmed 
beginning  in  the  upper  left  bond  corner,  left  to 
right  end  top  to  bottom,  as  many  frames  os 
required.  The  following  diagrams  illustrate  the 
method: 


Les  imoges  suivantas  ont  At*  raproduitee  avac  le 
plus  grond  soin.  compte  tenu  de  lo  condition  et 
de  lo  nettet*  de  rexemploire  film*,  et  en 
conformit*  ovec  les  conditions  du  controt  de 
filmoge. 

Les  exemploires  originaux  dont  la  couverture  en 
popier  est  imprimie  sont  fi*m4s  en  commenfont 
per  le  premier  plot  et  en  terminont  soit  per  lo 
derniAre  pege  qui  comporte  une  empreinte 
d'impression  ou  d'illustrotion.  soit  per  le  second 
plot,  selon  le  cos.  Tous  les  outres  exemploires 
originoux  sont  filmAs  en  commen^ont  per  lo 
premiAre  pege  qui  comporte  une  empreinte 
d'impression  ou  d'illustrotion  et  en  terminont  per 
lo  derniAre  pege  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivonts  oppoioftro  sur  lo 
derniAra  imoge  de  cheque  microfiche,  selon  le 
cos:  le  symbole  — *•  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  plonches,  tobleoux.  etc..  peuvent  Atre 
filmis  A  des  toux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  soul  clichA.  il  est  filmi  A  portir 
de  Tangle  supArieur  gauche,  de  gouche  A  droite, 
et  de  haut  en  bos.  en  prenont  le  nombre 
d'imoges  nAcessoire.  Les  diogrom.nes  suivonts 
illustrent  lo  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

Po 


TRKATI 
ARV 
I'Al 
V 


BROWN'S 


Political  History  of  Oregon 


PROVISIONAL    GOVERNMENT. 


TRKATIKS,   CONVENTIONS,    AND  DIPLOMATIC  CORRESPONDKNCK   ON    THE    HOUND- 

ARY  QUESTION  ;   HISTORICAL,  INTRODUCTION  OK  THE  EXPLORATIONS  ON  THE 

PACIFIC    COAST;     HISTORY   OF    THE    PROVISIONAI.    GOVERNMENT     FROM 

YEAR  TO  YEAR,  WITH   ELECTION   RETURNS  AND  OFFICIAL  REPORTS  ; 

HISTORY  OP    THE    CAYUSE    WAR,   WITH    ORIGINAL    DOCUMENTS. 


BY  J.   HKNRY  BROWN, 


VOLUME)    I. 


WTURY    B.     ALURN,         -  PUBLISHER. 


PORTl,AND,  OREGON: 

PRESS  OF  THE  LEWIS  &  DRYDKN  PRINTING  CO, 

1892. 


''     I 


i 


V.  I 


Kntered  according  to  Act  of  Congress 

in  the  year  1892 

in  the  office  of  the  Librarian  of  Cor.gress,  by 

J.  Hbnry  Brown. 


DEDICATION. 


To  the  intrepid  men  and  women  who  braved  the  toils  and  dangers 
of  the  journey  to  Oregon  in  the  earliest  days  of  its  settlement, 
whether  over  plains  and  mountains,  or  across  the  tempestuous  main  of 
two  oceans  ;  who,  laying  the  foundation  of  the  Pacific  States  of  the 
American  Union,  builded  better  than  they  knew,  and  who  preserved 
these  broad  domains  to  the  jurisdiction  of  the  United  States,  this  work 
is  reverentially  dedicated  by 

THE  AUTHOR. 


71096 


<0 


I 


PRBFACB. 


IN  presentiivK  this  volume  to  the  public  it  is  hartUy  necessary  to 
say  that  the  collection  of  the  material  and  data  comprising  the 
nmin  features,  and  of  the  volumes  to  follow  it,  has  been  the  interesting 
work  of  years.     I  came  to  Oregon  forty-five  years  ago,  while  yet  a  boy, 
and  here  has  been  my  home  ever  since.     At  the  time  of  my  arrival, 
the  Provisional  Government  had  been  established  by  the  people,  ami 
was  being  maintained  amidst  all  the  difficulties  and  vicissitudes  inci- 
dent to  all  newly  settled  countries  ;  but  here,  on  account  of  the  iso- 
lation of  the  country,  the  hardships  both  of  government  and  people, 
were  severe  indeed.     The  history  of  that  government,  I  have  attempted 
to  give  in  this  volume.     How  well  I  have  succeeded,  I  leave  to  the 
considerate  judgment  of  my  readers.     I  have  not  attempted  an  elevated 
style  of  writing,  but  have  endeavored  to  present  facts  drawn  from  offi- 
cial documents  and  from  other  authentic  sources  wherever  obtainable, 
many  of  which  were  never  before  published. 

To  the  enterprising  immigrants  who  came  prior  to  1848.  was  given 
the  high  privilege,  never  to  be  repeated,  of  rocking  the  cradle  of  the 
infant  government,  till  by  their  nourishing  and  sustaining  care,  it  could 
grasp  the  folds  of  the  American  flag,  and  be  received  as  an  organized 
Territory  of  the  Union. 

The  founders  of  the  Provisional  Government  of  Oregon,  were  an 
exceptional  people  and  of  our  history.  They  were  capable  of  the 
the  work  before  them,  as  if  trained  and  led*  forward  by  the  hand  of 
Providence.  They  were  equal  to  every  station  of  developing  life  itnd 
responsibility,  from  the  plow  in  the  field  to  the  Senate  of  the  United 
States.  It  was  my  privilege  to  be  personally  acquainted  with  most  of 
these  men  and  with  the  brave  women  who  accompanied  them.  But 
few  now  linger  on  the  shore  ot  time  ;  most  of  them  have  passed  beyond, 
leaving  their  work  well  done.  It  has  been  my  effort  in  this  volume  to 
make  for  them  some  lasting  record. 


VI 


brown's   rOUTICAL   HISTORY. 


I  would  beg  leave  to  acknowledjje  the  R:reat  assistance  and  enconr- 
agenient  which  I  have  received  from  Hon.  U.  F.  Grovcr,  while  (Gover- 
nor and  United  States  Senator  ;  also  from  Hons.  S.  F.  Chadwick  and 
Rocky  P.  Ivarhart  (  lately  deceased)  while  severally  fillitiR  the  im- 
portant office  of  Secretary  of  State  for  Oregon.  Also,  I  have  been 
greatly  indebted  to  Hon.  Henry  H.  (iilfry,  clerk  in  the  United  States 
Senate,  for  many  acts  of  kindness  ;  and  to  Senator  John  H.  Mitchell, 
for  many  favors. 

With  these  remarks,  I  leave  the  verdict  with  a  generous  and  dis- 
criminating public. 

J.    HENRY  BROWN. 
Portland,  Oregon,  1892. 


Iir- 
r- 
1(1 
n- 

es 
11. 


CONTKNTS 


IS- 


TREATIKS  AND  CONVENTIONS. 

Orbat  Britain  and  Spain  ;  United  States  and  Great  Britain  ;  United  States  Page 
and  Russia  ;  Great  Britain  and  Russia  ;  United  States  and  Great  Britain  ; 
Uiplomatical  correspondence  ;  Monroe  to  Baker  ;  Baker's  reply  ;  Rush  to 
Adams  ;  Adams  to  Rush  ;  Rush's  reply  ;  J.  B.  I'revost  to  Adams  ;  British 
surrender  of  Astoria  ;  Russian  and  American  controversy  ;  Poletica  to 
Adams  ;  Adam's  reply  ;  Poletica  to  Adams  ;  Treaty  l)etween  United  States 
and  Great  Britain  ;  British  law  over  Oregon  ;  Organization  of  Oregon  Ter- 
ritory ;  Regulating  fur  trade  ;  Award  of  Kmperor  William  ;  Notes i 

HISTORIC AI.   INTRODUCTION. 

Gknkral  Revikw  of  DrscovKRiES;  Captains  Kendrick  and  Gray ;  Jona- 
than Carver;  Hudson's  Bay  Company  ;  President  Jefferson  ;  Lewis  and 
Clarke  ;  Astor's  fur  company  ;  F'ounding  of  Astoria  ;  Destruction  of  the 
Tonquin  ;  Hunt's  expedition  ;  Congressional  proceedings  ;  Gen.  Jcsup's 
letters  ;  Ashlay"s  letter  ;  Merchant's  Journal  article  ;  Hall  J.  Kellcy  ; 
Captain  Wyeth  ;  Methodist  missionaries  ;  Whitman  and  Spalding ;  Fort 
Vancouver  ;  W.  A.  Slacum  ;  Ewing  Young  ;  Cattle  company  ;  Memorial 
to  Congress  ;  Congressional ;  Death  of  Mrs.  Lee  ;  Eastern  States  memo- 
rials ;  Arrival  of  the  Lausanne  ;  Memorial  to  Congress  ;  Congressional ; 
Hunt's  Merchant  magazine  with  log  book  of  Capt.  Gray  ;  Karly  settlers 
of  French  Prairie ;  Memorial  of  J.  Quinn  Thornton  ;  Memorial  of  Mrs. 
Gray 33 

PROVISIONAL  GOVERNMENT. 

1841. 

DkaTH  ov  EwiNii  Young  ;  Meeting  at  the  Methodist  mission  ;  Second  meet- 
ing; Election  of  officers  ;  Rev.  David  Leslie  appointed  administrator; 
Original  copy  of  same ;  Third  public  meeting ;  Captain  Wilkes  and  Dr. 
McLoughliu . -. 81 

1842. 

Dr.  H.  White  ;  Oregon  lyceum;  Whitman's  winter  trip;  Mr.  Linn's  resolu- 
tion ;  Lieutenant  Fremont's  expedition 87 

1843. 

PuBMC  Meeting  at  the  Institute;  Meeting  at  Joseph  Gervais  ;  Canadian 
citizen's  address;  Dr.  White  and  his  credentials  ;  Public  meeting  and  a 
division  had  on  the  question  of  organization  ;  Legislative  committee 
elected;  P<lection  of  Executive  Committee;  Districting  of  Territory; 
Report  of  judiciary  committee  ;  Land  law  ;  Memorial  to  Congress  ;  Ore- 
gon City  controversy  ;  Dr.  White's  report ;  P^xtracts  from  Dr.  Mcl<ough- 
lin's  manuscript ;  P'irst  printing  press ;  PMinburg  Review  article  ;  "\Vni. 
Sutton's  statement ;  Congressional  proceedings  ;  Death  of  Senator  Linn  ; 
Provisional  Government  officers 93 


VI I  r 


HROWN  S  FOI.ITICAI.  HIST»)RY. 


1844. 

Cai,i,ino  ok  puumc  mubtinc.  uv  Kxbcutivk  Committkkman  Ukbrs  ; 
Organization  of  military  compan]^ ;  Letter  from  Captain  Keizer  ;  Officers 
of  Provisional  Government ;  Meeting  of  legislative  Committee  ;  Message 
of  Bxecutive  Committee  ;  I^aw  in  ref^ard  to  free  Negroes  and  M ulattoes  ; 
Second  meeting  of  Kxecutive  Committee  ;  Secutid  meeting  of  Jyegislative 
Committee ;  Bxecutive  Committee's  message ;  Congressional  ;  Senator 
Allen's  resolution  ;  Senators  Murehead  and  Allen  ;  Mr.  Semple's  resolu- 
tion of  notification;  President  Tyler's  special  message;  Debate  on  report  of 
committee  ;  Indiana  l<egislatura's  resoluiion  ;  Secretary  of  War's  report ; 
Senator  Dayton  s  speech  ;  Louisville  Journal ;  Christian  Advocate ;  Cap- 
tain Spaulding's  report:  Mr.  Buchanan;  John  Dunn;  Dr.  Whitman's 
letter  to  Secretary  of  War ;  His  proposed  bill ;  Secretary  of  War's  certifi- 
cate ;  Mr.  Benton's  prediction  ;  Election  returns  of  1844 127 

1845. 

Election  ok  Govbrnur  and  othbr  okficbrs;  Meeting  of  the  I  evjislative 
Committee ;  Memorial  to  Congress ;  Copy  of  same  sent  Ec.  1  by  Dr. 
White  ;  Amended  organic  law ;  Second  session  of  the  Legislature  ;  Apple- 
gate's  resolution  ;  Protest  against ;  Pilot  launch  ;  Law  against  duelling ; 
Complimentary  resolutions  to  Dr.  White  ;  Vote  rescinded  and  Dr.  White 
requested  to  return  the  papers ;  His  reply  ;  Applegate's  resolution  ;  Con- 
gressional ;  President's  message  ;  Diploniatical  correspondence  ;  I<'ox  to 
Webster  ;  Aberdeen's  note ;  Webster  to  Fox  ;  Pakcnham  to  Upshur  ;  Re- 
ply of  U  )hur ;  Pakenham  to  Calhoun  ;  Protocols ;  British  proposals  ; 
Pakenha^  J  and  Buchanan  letters  ;  Notes ;  Election  returns 158 

184H. 

MBMhersok  Lbgisi^aturb;  Gov.  Abernethy's  message ;  Veto  of  liquor  law; 
Memorial  to  Congress  ;  Military  company  ;  Battle  Creek  battle ;  T^icut. 
Howison's  report  of  the  wreck  of  the  Shark ;  Assistance  rendered  ;  Cor- 
respondence on  the  same  ;  His  report  on  the  country,  people,  resources, 
etc ;  Ogden  and  Douglas  letter ;  Puget  Sound  Agricultural  Society ;  Con- 
gressional; Floyd's  report;  Blair's  report  on  the  Columbia  river;  Maginn's 
opinion  ;  President's  special  message ;  Senate  proceedings  on  ratification 
of  treaty  ;  Provisional  Government  seal  ;  Douglas's  letter  on  the  treaty  ; 
Notes;  Election  returns  and  official  reports 228 

1847. 

AbkrnkThv's  RH-Kr,KCTioN  ;  Public  meetings  ;  First  news  of  the  notice  to 
England  and  the  treaty;  Indian  trouble  at  The  Dalles;  J.  Quinn  Thornton 
goes  to  Washington ;  Letter  to  the  President ;  Nesmith's  resolution  ; 
Ivctter  of  Abernethy  in  regard  to  them  ;  A  bill  to  organise  Oregon  Terri- 
tory ;  Officers  of  Provisional  Government,  etc.;  Gov.  Abernethy's  mes- 
sage; Buchanan's  letter  to  Shively ;  Benton's  letter  to  the  citizens  of 
(3regon  ;  Douglas's  bill  to  establish  a  Territorial  Government ;  Notes  ; 
Caynse  war;  Election  returns     295 

1848. 

President's  spbciaIv  mbssaoh  on  Oregon  and  the  Indian  war;  fias- 

i  of  ft-O- 


sage  of  Oregon  bill ;  President's  mesrage  on  the  subject ;  Officers 
visional  Government ;  Meeting  of  the  legislature ;  Governor's  message ; 
Election  of  Territorial  officers ;  Discovery  of  gold  in  Cali^'amia ;  Poetical 
description  of  the  rush  to  the  mines ;  Oregon  mint ;  Cuts  of  the  "  Beaver 
money;"  Notes;  Election  and  official  returns 


43<i 


1      I 


Treaties  and  Conventions. 


127 


Between  the   Gove''nniLats  of  different   Nations,   relating  to   the 
Nor^hucst  Territories  of  North  America. 


158 


Great  Britain  and  <«pain  ;  United  States  and  Great  Britain  ;  United 
States  and  Russia  ;  Great  Britain  and  Russia  ;  United  States  and 
Great  Britain  ;  Diplomaticai.  CoitRESPONDENCE,— Monroe  to  Baker, 
Baker's  replv  ;  Mr.  Rusii  to  Mr.  Adams  ;  Adams  to  Rush  ;  Mr.  Rush's 
REPLY ;  J.  B.  Prevost  TO  Mr.  Adams  ;  British  Surrender  ok  Astoria  ; 
Russian  and  American  Controversy  ;  Tuletica  to  Adams  ;  Adams' 
reply;  Poletica  to  Adams;  Treaty  between  Unxied  States  and 
Great  Britain  ;  British  Law  over  Oregon  ;  Organization  of  Oregon 
Territory  ;  Regulating  fur  trade  ;  Award  of  Bmperor  William  ; 
Notes. 


228 


295 


43« 


Convention  between  Great  Britain  and  Spain,  signed  at  the  Escurial,  October 

28,   lygo. 

Article  i.  The  buildings  and  tracts  of  land  situated  on  the  northwest  coast 
of  the  continent  of  North  America,  or  on  the  islands  adjacent  to  that  continent, 
of  which  the  subjects  of  his  }3ritannic  Majesty  were  dispossessed  about  the  month 
of  April,  1789,  by  a  Spanish  officer,  shall  be  restored  to  the  said  British  subjects. 

Art.  2.  A  just  reparation  shall  be  made,  according  to  the  nature  of  the  case, 
for  all  acts  of  violence  or  hostility  which  may  have  been  committed  subsequent  to 
the  month  of  April,  1789,  by  the  subjects  of  either  of  the  contracting  parties  against 
the  'ubjects  of  the  other ;  and,  in  case  any  of  the  said  respective  subjects  shall, 
since  the  same  period,  have  been  forcibly  dispossessed  of  their  lauds,  buildings, 
vessels,  merchandise,  and  other  property,  whatever,  on  the  said  continent,  or  on 
the  seas  and  islands  adjacent,  they  shall  be  re-established  in  the  possession  thereof, 
or  a  just  compensation  shall  be  made  to  them  for  the  losses  which  they  have  sus- 
tained. 

Art.  3.  In  order  to  strengthen  the  bonds  of  friendship,  and  to  preserve  in 
future  a  perfect  harmony  and  good  uuderstanding,  between  the  two  contracting 
parties,  it  is  agreed  that  their  respective  subjects  shall  not  be  disturbed  or  molested 
either  in  navigating,  or  carrying  on  their  fisheries,  in  the  Pacific  ocean  or  in  the 
South  seas,  or  in  landing  on  the  coasts  of  those  seas  in  places  not  already  occupied, 
for  the  purpose  of  carrying  on  their  commerce  with  the  natives  of  the  countty,  or 
of  making  settlements  there ;  the  whole  subject,  nevertheless,  to  the  restrictions 
specified  in  the  following  articles. 


brown's  political  history. 


I8I8 


Art.  4.  His  Britannic  Majesty  engages  to  take  the  most  effectual  measures 
to  prevent  the  navigation  and  fishing  of  his  subjects  in  the  Pacific  ocean  or  in  the 
South  seas  from  being  made  a  pretext  for  illicit  trade  with  the  Spanish  settlements  ; 
and,  with  this  view,  it  is  moreover  expressly  stipulated  that  British  subjects  shall 
not  navigate,  or  carry  on  their  fishery,  in  said  seas,  within  the  space  of  ten  sea 
leagues  from  any  part  of  the  coast  already  occupied  by  Spain. 

Art.  5.  As  well  in  the  places  which  are  to  be  restored  to  the  British  subjects, 
by  virtue  of  the  first  article,  as  in  all  other  ports  of  the  northwestern  coasts  of  North 
America,  or  of  the  islands  adjacent,  situate  to  the  north  of  the  ports  of  the  said 
coast  already  occupied  by  Spain,  wherever  the  subjects  of  either  of  the  two  Powers 
shall  have  made  settlements  since  the  month  of  April,  1789,  or  shall  hereafter 
make  any,  the  subjects  of  the  other  shall  have  free  access,  and  shall  carry  on  their 
trade  without  any  disturbance  or  molestation. 

Art.  6.  With  respect  to  the  eastern  and  western  coasts  of  South  America, 
and  to  the  islands  adjacent,  no  settlement  shall  be  formed  hereafter,  by  the  respect- 
ive subjects,  in  such  part  of  these  coasts  as  are  situated  to  the  south  of  these  ports 
of  the  same  coasts,  and  of  the  islands  adjacent,  which  are  already  occupied  by 
Spain  ;  provided  that  the  said  respective  subjects  shall  retain  the  liberty  of  landing 
on  the  coasts  and  islands  so  situated,  for  the  purposes  of  their  fishery,  and  of  erect- 
ing thereon  huts  and  other  temporary  buildings,  serving  only  for  those  purposes. 

Art.  7.  In  all  cases  of  complaint  or  infraction  of  the  articles  of  the  present 
convention,  the  officers  of  either  party,  without  permitting  themselves  previously 
to  commit  any  violence  or  act  of  force,  shall  be  bound  to  make  an  exact  report  of 
the  affair,  and  of  its  circumstances,  to  their  respective  Courts,  who  will  terminate 
such  differences  in  an  amicable  manner. 

Art.  8.  The  present  convention  shall  be  ratified  and  confirmed  in  the  space 
of  six  weeks,  to  be  computed  from  the  day  of  its  signature,  or  sooner  if  it  can  be 
done. 


Convention  between  the  United  States  of  America  and  Great  Britain,  signed  at 

London,   October  20,  18 18. 

ArTici,e  2.  It  is  agreed  that  a  line  drawn  from  the  most  northwestern  point 
of  the  Lake  of  the  Woods,  along  the  49th  parallel  of  north  latitude,  or,  if  the  said 
point  shall  not  be  in  the  49th  parallel  of  north  latitude,  then  that  a  line  drawn  from 
the  acid  point  due  north  or  south,  as  the  case  may  be,  until  the  said  line  shall  in- 
tersect the  said  parallel  of  north  latitude,  and  from  the  point  of  such  intersection 
due  west  along  and  with  the  said  parallel,  shall  be  the  line  of  demarkation  between 
the  territories  of  the  United  States  and  those  of  His  Britannic  Majesty  ;  and  that  the 
said  line  shall  from  the  northern  boundary  of  the  said  territories  of  the  United 
States,  and  the  southern  boundary  of  the  territories  of  His  Britannic  Majesty,  from 
the  Laks  of  the  Woods  to  the  Stony  mountains. 

Art.  3.  It  is  agreed  that  any  country  that  may  be  claimed  by  either  party 
on  the  northwest  coast  of  America,  westward  of  the  Stony  mountains,  shall  to- 
gether with  its  harbors,  bays,  and  creeks,  and  the  navigation  of  all  rivers  within 
the  same,  be  free  and  open  for  the  term  of  ten  years  from  the  date  of  the  signatui  i 
of  the  present  convention,  to  the  vessels,  citizens,  and  subjects  of  the  two  Powers  , 
it  being  well  understood  that  this  agreement  is  not  to  be  construed  to  the  prejudice 
of  any  claim  which  either  of  the  two  high  contracting  parties  m"'  have  to  any 
part  of  the  said  country,  nor  shall  it  be  taken  to  affect  the  claims  of  any  other 


i824 


PROVISIONAL  GOVBRNMENT. 


Power  or  State  to  any  part  of  the  v^nd  country ;  the  only  object  of  the  high  con- 
tracting parties,  in  that  respect,  being  to  prevent  disputes  and  differences  among 
themselves. 


Treaty  of  amity,  settlement,  and  limits,  between  the  United  States  and  Spain, 
(commonly  called  the  Florida  treaty,)  signed  at  Washington,  Feb.  22,  18/9. 
Article  3.  The  boundary  line  between  the  two  countries,  west  of  the  Missis- 
sippi, shall  begin  on  the  Gulf  of  Mexico,  at  the  mouth  of  the  river  Saline,  in  the 
sea,  continuing  north,  along  the  western  bank  of  that  river,  to  the  32d  degree  of 
latitude ;  thence,  by  a  line  due  north,  to  the  degree  of  latitude  where  it  strikes  the 
Rio  Roxo  of  Natchitoches,  or  Red  river ;  then,  following  the  course  of  the  Rio 
Rozo  westward,  to  the  degree  of  longitude  100  west  from  London  and  23  from 
Washington  ;  then  crossing  the  said  Red  river,  and  running  thence,  by  a  line  due 
north,  to  the  main  Arkansas ;  thence  following  the  course  of  the  northern  bank  of 
the  Arkansas  to  its  source  in  latitude  42  north  ;  and  thence,  by  that  p.')rallel  of 
latitude,  to  the  South  sea ;  the  whole  being  laid  down  in  Melisli's  map  of  the 
United  States,  published  at  Philadelphii,  improved  to  the  ist  of  January,  1818. 
But  if  the  source  of  the  Arkansas  river  should  be  found  to  fall  north  or  south  of 
latitude  42,  then  the  line  shall  run  from  the  said  source  due  south  or  north,  as  the 
case  may  be,  till  it  meets  the  said  parallel  of  latitude  42,  and  thence,  along  the  said 
parallel,  to  the  South  sea.  All  the  islands  in  the  Saline,  and  the  said  Red  and 
Arkansas  rivers,  throughout  the  course  thus  described,  to  belong  to  the  United 
States ;  but  the  use  of  the  waters  and  the  navigation  of  the  Saline  to  the  sea,  and 
of  said  rivers  Roxo  and  Arkansas,  throughout  the  extent  of  the  said  boundary,  on 
their  respective  banks,  shall  be  common  to  the  respective  inhabitants  of  tx>th 
nations. 

The  two  high  contracting  parties  agree  to  cede  and  renounce  all  their  rights, 
claims,  and  pretensions  to  the  territories  descried  by  the  said  lire ;  that  is  to  say, 
the  United  States  hereby  cede  to  His  Catholic  Majesty,  and  renounce  forever  alJ 
their  rights,  claims,  and  pretensions  to  the  territories  lying  west  and  south  of  the 
above  described  line ;  and,in  like  manner.  His  Catholic  Majesty  cedes  to  the  United 
States  all  his  rights,  claims,  and  pretensions  to  any  territories  east  and  north  of 
the  said  line  ;  and  for  himself,  his  heirs,  and  successors,  renounces  all  claim  to  the 
said  territories  forever. 


Convention  between  the  Ignited  States  and  Russia,  signed  at  Saint  Petersburg, 

on  the  5-/7  of  April  1824. 

Articlk  I.  It  is  agreed  that,  in  any  part  of  the  great  ocean,  commonly  called 
the  Pacific  ocean,  or  South  sea,  the  respective  citizens  or  subjects  of  the  high  con- 
tracting Powers  shall  be  neither  disturbed  nor  restrained,  either  in  navigation  or  in 
fi:}hing,  or  in  the  power  of  resorting  to  the  coasts,  upon  points  which  may  not 
already  have  been  occupied,  for  the  purpose  of  trading  with  the  natives ;  saving 
always  the  restrictions  and  conditions  determined  by  the  following  articles : 

Art.  2  With  the  view  of  preventing  the  rights  of  navigation  and  of  fishing, 
exercised  upon  the  great  ocean  by  the  citizens  and  subjects  of  the  high  contracting 
Powers,  from  becoming  the  pretext  for  an  illicit  trade,  it  is  agreed  that  the  citizens 
of  the  United  States  shall  not  resort  to  any  point  where  there  is  a  Russian  estab- 
lishment, without  the  permission  of  the  governor  or  commander ;  and  that,  recip- 
rocally, the  subjects  of  Russia  shall  not  resort,  without  permission,  to  any  estab- 
lishment of  the  United  States  upon  the  northwest  coast. 


brown's  political  history. 


1825 


Art.  3.  It  is,  moreover,  agreed  that,  hereafter,  there  shall  not  be  formed  by 
the  citizens  of  the  United  States,  or  under  the  authority  of  the  said  States,  any 
establishment  upon  the  northwest  coast  of  America,  nor  in  any  of  the  islands  ad- 
jacent, to  the  north  of  fifty-four  minutes  of  north  latitude  ;  and  that,  in  the  same 
manner,  there  shall  be  none  formed  by  Russian  subjects,  or  under  the  authority  of 
Russia,  south  of  the  same  parallel. 

Art.  4.  It  is,  nevertheless,  understood,  that  during  a  term  of  ten  years, 
counting  from  the  signature  of  the  present  convention,  the  ships  of  both  Powers,  or 
which  belong  to  their  citizens  or  subjects,  respectively,  may  reciprocally  frequent, 
without  hindrance  whatever,  the  interior  seas,  gulfs,  harbors,  and  creeks,  upon  the 
coast  mentioned  in  the  preceding  article,  for  the  purpose  of  fishing  and  trading 
with  the  natives  of  the  country. 

Art.  5.  All  spirituous  liquors,  fire-arms,  other  arms,  powder,  and  munitions  of 
war  of  every  kind,  are  always  excepted  from  this  same  commerce  permitted  by  the 
preceding  article ;  and  the  two  Powers  engage,  reciprocally,  neither  to  sell,  nor 
suffer  them  to  be  sold  to  the  natives,  by  their  respective  citizens  and  subjects,  nor 
by  any  person  who  may  be  under  their  authority.  It  is  likewise  stipulated,  that 
this  restriction  shall  never  afford  a  pretext,  nor  be  advanced,  in  any  case,  to  author 
ize  either  search  or  detention  of  the  vessels,  seizure  of  the  merchandise,  or,  in  fine, 
any  measure  of  constraint  whatever,  towards  the  merchants  or  crews  who  may 
carry  on  this  commerce ;  the  high  contracting  Powers  reciprocally  reserving  to 
themselves  to  determine  upon  the  penalties  to  be  incurred,  and  to  inflict  the  pun- 
ishments in  case  of  the  contravention  of  this  article  by  their  respective  citizens  or 
subjects. 


Convention   between    Great   Britain  and  Russia,   signed  at  Saint  Petersburg, 

Feb.  16-23,  iS^S- 

Artcle  I.  It  is  agreed  that  the  respective  subjects  of  the  high  contracting 
parties  shall  not  be  troubled  or  molested  in  any  part  of  the  ocean,  commonly  called 
the  Pacific  ocean,  either  in  navigating  the  same,  in  fishing  therein,  or  in  landing 
at  such  parts  of  the  coast  as  shall  not  have  been  already  occupied,  in  order  to  trade, 
with  the  natives,  under  the  restrictions  and  conditions  specified  in  the  following 
articles : 

Art.  2.  In  order  to  prevent  the  right  of  navigating  and  fishing,  exercised 
upon  the  ocean  by  the  subjects  of  the  high  contracting  parties,  from  becoming  the 
pretext  for  an  illicit  commerce,  it  is  agreed  that  the  subjects  of  His  Britannic  Majesty 
shall  not  land  at  any  place  where  there  may  be  a  Russian  establishment,  without 
the  permission  of  the  governor  or  commandant ;  and,  on  the  other  hand,  that 
Russian  subjects  shall  not  land,  without  permission,  at  any  British  establishment 
on  the  northwest  coast. 

Art.  3.  The  line  of  demarkation  between  the  possessions  of  the  high  con- 
tracting parties,  upon  the  coast  of  the  continent,  and  the  islands  of  America  to  the 
northwest,  shall  be  drawn  in  the  manner  following  :  —  Commencing  from  the  south- 
ernmost point  of  the  island  called  the  Prince  of  Wales  Island,  which  point  lies  in  the 
parallel  of  54°  40'  north  latitude,  and  between  the  131st  and  the  133d  degree  of  west 
longitude,  (meridian  of  Greenwich),  the  said  line  shall  ascend  to  the  north  along 
the  channel  called  Portland  Channel,  as  far  as  the  point  of  the  continent  whe  it 
strikes  the  56th  degree  of  north  latitude.  Prom  this  last  mentioned  point,  the  hne 
of  damarkation  shall  follow  the  summit  of  the  mountains  situated  parallel  to  the 
coast,  as  far  as  the  point  of  intersection  of  the  141st  degree  of  west  longitude,  (of 


1825 


PROVISIONAL  GOVERNMENT. 


the  same  meridiftn).  And  finally,  from  the  said  point  of  intersection,  the  said 
meridian  line  of  the  i4iRt  degree,  in  its  prolongation  us  far  as  the  Frozen  ocean, 
shall  form  the  limit  between  the  Russian  and  British  possessions  on  the  continent 
of  America  to  the  northwest. 

Art.  4.  With  reference  to  the  line  of  demarkation  laid  down  in  the  preceding 
article,  it  is  understood  :  ist.  That  the  island  called  Prince  of  Wales  Island  shall 
belong  wholly  to  Russia,  and.  That  whenever  the  summit  of  the  mountains  which 
extend  in  the  direction  parallel  to  the  coast,  from  the  56th  degree  of  north  latitude 
to  the  point  of  intersection  of  the  141st  degree  of  west  longitude,  shall  prove  to  be 
at  the  distance  of  more  than  ten  marine  leagues  from  the  ocean,  the  limit  between 
the  British  possessions  and  the  line  of  coast  which  is  to  belong  to  Russia,  as  above 
mentioned,  shall  be  formed  by  a  line  parallel  to  the  windings  of  the  coast,  and 
which  shall  never  exceed  the  distance  of  ten  marine  leagues  therefrom. 

Art.  5.  It  is,  moreover,  agreed  that  no  establishment  shall  be  formed  by 
either  of  the  two  parties  within  the  limits  assigned  by  the  two  preceding  articles  to 
the  possessions  of  the  other ;  consequently  British  subjects  shall  not  form  any  estab- 
lishments either  upon  the  coast,  or  upon  the  border  of  the  continent  comprised 
within  the  limits  of  the  Russian  possessions,  as  designated  in  the  two  preceding 
articles  ;  and,  in  like  manner,  no  establishment  shall  be  formed  by  Russian  subjects 
beyond  the  said  limits. 

Art.  6.  It  is  understood  that  the  subjects  of  His  Britannic  Majesty,  from 
whatever  quarter  they  may  arrive,  whether  from  the  ocean,  or  from  the  interior 
of  the  continent,  shall  forever  enjoy  the  right  of  navigating  freely,  and  without 
hindrance  whatever,  all  the  rivers  and  streams  which,  in  their  course  towards  the 
Pacific  ocean,  may  cross  the  line  of  demarkation  upon  the  line  of  coast  described 
in  article  3  of  the  present  convention. 

Art.  7.  It  is  also  understood,  that,  for  the  space  of  ten  years  from  the  signa- 
ture of  the  present  convention,  the  vessels  of  the  two  Powers,  or  those  belonging 
to  their  respective  subjects,  shall  mutually  be  at  liberty  to  frequent,  without  hin- 
drance whatever,  all  the  inland  seas,  gulfs,  havens,  and  creeks,  on  the  coast, 
mentioned  in  article  3,  for  the  purpose  of  fishing  and  trading  with  the  natives. 

Art.  8.  The  port  of  Sitka,  or  Novo  Archangelsk,  shall  be  open  to  the  com- 
merce and  vessels  of  British  subjects  for  the  space  of  ten  years,  from  the  date  of 
the  exchange  of  the  ratification  of  the  present  convention.  In  the  event  of  an  ex- 
tension of  this  term  of  ten  years  being  granted  to  any  other  Power,  the  like  exten  - 
siou  shall  be  granted  also  to  Great  Britain. 

Art.  9.  The  above  mentioned  liberty  of  commerce  shall  not  apply  to  the 
trade  in  spirituous  liquors,  in  fire-arms,  or  other  arms,  gunpowder,  or  other  war- 
like stores ;  the  high  contracting  parties  reciprocally  engage  not  to  permit  the  above 
mentioned  articles  to  be  sold  or  delivered,  in  any  manner  whatever,  to  the  natives 
of  tie  cv.untry. 

Art.  10.  Every  British  or  Russian  vessel  navigating  the  Pacific  ocean,  which 
may  be  compelled  by  storms  or  by  accident  to  take  shelter  in  the  ports  of  the  re- 
spective parties,  shall  be  at  liberty  to  refit  therein,  to  provide  itself  with  all  neces- 
sary stores,  and  to  put  to  sea  again,  without  paying  any  other  than  port  and  light- 
house dues,  which  shall  be  the  .same  as  those  paid  by  national  vessels.  In  case, 
however,  the  master  ot  such  vessel  should  be  under  the  necessity  of  disposing  of  a 
pari  of  his  merchandise  in  order  to  defray  his  expenses,  he  shall  conform  himself  to 
the  regulations  and  tariff  of  the  place  where  he  may  have  landed. 

Art.  II.     In  every  case  of  complaint  on  account  of  an  infraction  of  the  arti- 


brown's  political  history. 


I8I4 


cles  of  the  present  convention,  the  civil  and  military  authorities  of  the  high  con- 
tracting parties,  without  previously  acting,  or  taking  any  forcible  measure,  shall 
make  an  exact  and  circumstantial  report  of  the  matter  to  their  respective  Courts, 
who  engage  to  settle  the  same  in  a  friendly  manner,  according  to  the  principles  of 
justice. 


Convention  beiwcen   the   United  States  and  Great  Britain,  signed  at  London, 

August  6,  1827. 

Article  i.  All  the  provisions  of  the  third  article  of  the  convention  be- 
tween the  United  States  of  America  and  His  Majesty,  the  King  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  on  the  20th  of  October,  1818,  shall  be  and 
they  are  hereby,  further  indefinitely  extended  and  continued  in  force,  in  the  same 
manner  as  if  all  the  provisions  of  the  said  article  were  herein  specifically  recited. 

Art.  2.  It  shall  be  competent,  however,  to  either  of  the  contracting  parties, 
in  case  either  should  think  fit,  at  any  time  after  the  20th  of  October,  1828,  on  giving 
due  notice  of  twelve  months  to  the  other  contracting  party,  to  annul  and  abrogate 
this  convention  ;  and  it  shall,  in  such  case,  be  accordingly  entirely  annulled  and 
abrogated,  after  the  expiration  of  the  said  term  of  notice. 

Art.  3,  /Tothing  contained  in  this  convention,  or  in  the  third  article  of  the 
convention  of  the  20th  of  October,  1818,  hereby  continued  in  force,  shall  be  construed 
to  impair,  or  in  any  manner  affect,  the  claims  which  either  of  the  contracting 
parties  may  have  to  any  part  of  the  country  westward  to  the  Stony  or  Rocky 
mountains. 


Treaty  between   Great  Britain  and  the  United  States,  at  Ghent,  December  zf, 

JS14. 
Article  i.  There  shall  be  a  firm  and  universal  peace  between  his  Britannic 
Majesty  and  the  United  States,  and  between  their  respective  countries,  cities,  towns, 
and  people  of  every  degree,  without  exception  of  places  or  persons.  All  hostilities, 
both  by  sea  and  land,  shall  cease  as  soon  as  this  treaty  shall  hav  jn  ratified  by 
both  parties,  as  hereinafter  mentioned.  All  territory,  places,  and  possessions 
whatsoever,  taken  by  either  party  from  the  other  during  the  war,  or  which  may  be 
taken  after  the  signing  of  this  treaty,  excepting  only  the  island  hereinafter  men- 
tioned, shall  be  restored  without  delay,  and  without  causing  any  destruction  or 
carrying  away  any  of  the  artillery  or  other  public  property  originally  captured  in 
the  said  forts  or  places,  and  whiqh  shall  remain  therein  upon  the  exchange  of  the 
ratification  of  this  trcety,  or  any  stores  or  other  private  property.  And  all  archives, 
records,  deeds,  and  other  papers,  either  of  a  public  nature  or  belonging  to  private 
persons,  which  in  the  course  of  the  war  may  have  fallen  into  the  hands  of  the 
officers  of  either  party,  sb  all  be,  as  far  as  may  be  practicable,  forthwith  restored  and 
delivered  to  the  proper  authorities  and  persons  to  whom  they  respectively  belong. 
Such  of  the  islands  in  the  bay  of  Passamaquaddy  as  are  claimed  by  both  parties,  shall 
remain  in  the  possession  of  the  party  in  whose  occupation  they  may  be  at  the  time 
of  exchange  of  the  ratification  of  this  treaty,  until  the  decision  respectiug  the  title 
to  the  said  islands  shall  have  been  made,  in  conformity  with  the  fourth  article  of 
this  treaty.  No  disposition  made  in  this  treaty,  as  to  such  possession  of  the  islands 
and  territories  claimed  by  both  parties,  shall  in  any  manner  whatever  be  construed 
to  affect  the  right  of  either. 


i8i4 


1817 


PROVISIONAL  GOVERNMENT. 


igh  con- 
e,  shall 
Courts, 
iples  of 


Territorial  claims  upon  the  Northwest  coast  of  America. — Secretary  Monroe  to 
Mr.  Baker,  Charge  de'  Affairs  from  Great  Britain. 

Dbpartubnt  of  State,  July  18,  1815. 
Sir  :  It  is  represerted  that  an  expedition  which  has  been  sent  by  your  Gov- 
ernment against  a  post  of  the  United  States,  established  on  Columbia  river,  had 
succeeded  in  taking  possession  of  it.  By  the  first  article  of  the  treaty  of  peace,  it 
is  stipulated  that  all  territory,  places,  and  possessions  whatever,  taken  by  either 
party  from  the  other  during  the  war,  shall  be  restored  writhout  delay,  with  the  ex- 
ception of  the  islands  in  Passamaquaddy  bay,  which  should  remain  in  the  posses- 
sion of  the  party  in  whose  occupation  they  then  were,  subject  to  the  decision 
provided  in  the  fourth  article.  As  the  post  on  the  Columbia  river  was  taken  during 
the  war,  and  is  not  within  the  exception  stipulated,  the  United  States  are  of  course 
entitled  to  its  restitution  ;  measures,  therefore,  will  be  taken  to  re-occupy  it  without 
delay.  It  is  probable  that  your  Government  may  have  given  orders  for  its  restitu- 
tion ;  to  prevent,  however,  any  difficulty  on  the  subject,  I  have  to  request  that  you 
will  have  the  goodness  to  furnish  me  with  a  letter  to  the  British  commander  th  re 
to  that  effect.  I  have  the  honor  to  be,  &c. 

Anthony  St.  John  Baker,  Esq.  JAMES  MONROE. 


Mr.  Baker's  Reply. 

Washington,  July  23,  1815. 

Sir  :  I  have  had  the  honor  to  receive  your  letter  of  the  i8th  inst.,  acquainting 
me  that  it  had  been  represented  to  the  American  Government  that  a  British  force, 
sent  for  that  purpose,  had  succeeded  in  taking  possession  of  the  United  States  es- 
tablishment on  Columbia  river,  and  claiming  its  restoration  under  the  words  of  the 
article  of  the  treaty,  upon  the  ground  of  its  having  been  captured  during  the  war  ; 
stating,  likewise,  that  His  Majesty's  Government  may  have  given  orders  for  its  res- 
titution, but  requesting  with  a  view  to  prevent  any  difficulty  on  the  subject,  that 
I  will  furnish  a  letter  to  that  effect  to  the  British  commander  ♦ihere. 

As  I  have  received  no  communication  from  His  Majesty's  Government  on  the 
subject  of  these  orders,  you  will  readily,  I  am  convinced,  perceive  the  impractica- 
bility of  my  furnishing  a  letter  of  this  nature  ;  and  although  it  is  believed  that  the 
post  in  question  has  been  captured,  of  which,  the  American  Government  does  not 
appear  to  have  any  certain  information  on  which  to  ground  the  claim  of  restitution, 
yet  another  point,  equally  essential,  remains  in  great  uncertainty,  viz  :  whether  any 
person  whatsoever  were  left  to  retain  possession  of  it.  My  impression  is,  that  the 
establishment  was  broken  up,  and  the  persons  found  there  brought  away.  Vice 
Admiral  Dixon,  however,  the  commander-in-chief  of  His  Majesty's  naval  forces  on 
the  Brazil  station,  in  whose  command  the  Pacific  ocean  is  included,  is  no  doubt  in 
possession  of  every  necessary  information  in  relation  to  this  port,  and  will  be  able 
to  communicate  on  the  subject  with  any  authorized  agent  on  the  part  of  the  United 
States.  ♦  #  ^t 

Sir,  your  most  obedient  and  humble  servant. 

ANTHONY  ST.  JOHN  BAKER. 


Mr. 


Bagot,  Envoy  Extraordinary  and  Minister  Henipotentiary  from  Great 
Britain,  to  Mr.  Adams,  Secretary  of  State. 

Washington,  Nov.  26,  1817. 
Sir  :    Prom  conversation  which  you  did  me  the  honor  to  hold  with  me  two 
days  ago,  upon  the  occasion  of  the  inquiry  which  I  thought  it  my  duty  to  make, 


8 


brown's  politicai.  history. 


I8I8 


:l 


relative  to  the  reported  destination  of  the  United  States  sloop  of  war  Ontario.  I 
am,  I  presume,  warranted  in  inferring  that  the  information  which  I  previously 
received  upon  that  subject  is  essentially  correct,  and  that  one  of  the  .bjects  of  the 
voyage  of  the  Ontario  is  to  establish  a  settlement  in  the  neighborhood  of  the 
Columbia  river,  on  the  northwest  coast  of  America. 

It  will  be  remembered  that,  some  months  after  the  exchange  of  the  ratification 
of  the  treaty  of  peace,  an  application  was  made  to  Mr.  Baker,  *  *  claim- 
ing the  restitution  of  a  port  which  had  been  held  by  the  United  States  upon  the 
Columbia  river,  and  which  was  alleged  to  have  been  captured  during  the  war  ;  and 
Mr.  Baker  requested  to  take  steps  for  the  purpose  of  facilitating  its  restoration.  Mr. 
Baker,  having,  in  his  reply,  pointed  out  the  insufficiency  of  the  evidence  on  which 
the  claim  of  restitution  appeared  to  be  founded,  and  having  represented  his  want 
of  authentic  information  and  instructions  upon  the  subject,  referred  the  Secretary 
of  State  to  the  British  Admiral,  within  whose  command  he  conceived  the  Pacific 
ocean  to  be  included.  In  consequence  of  this  correspondence,  an  application  was 
soon  afterwards  made  by  Mr.  Baker  to  the  Governor  General  of  Canada,  in  the 
expectation  that  he  might  be  enabled  to  furnish  some  information  upon  the  subject 
in  the  event  of  the  question  being  again  brought  into  discussion.  From  reports 
then  made  by  him,  it  appeared  that  the  post  in  question  had  not  been  captured 
during  the  late  war,  but  that  the  Americans  had  retir.  d  from  it,  under  an  agree- 
ment made  with  the  Northwest  Company,  who  had  purchased  their  effects,  and 
who  had  ever  since  retained  peaceable  possession  of  the  coast. 

As  it  thus  appears  that  no  claim  for  the  restitution  of  this  post  can  be  grounded 
upon  the  first  article  of  the  treaty  of  Ghent,  and  as  the  territory  was  early  taken 
possession  of  in  His  Majesty's  name,  and  has  since  considered  as  forming  a 
part  of  his  Majesty's  domains,  I  have  to  request  that  you  will  do  me  tlie  honor  to 
furnish  me  with  such  explanation  as  you  may  judge  proper  of  the  object  of  the 
Ontario,  so  far  as  it  may  relate  to  establishments  upon  the  territory  to  which  I  refer, 
in  order  that  I  may  represent  to  his  Majesty's  Government,  inits  just  point  of  view, 
a  measure  in  which  His  Majesty's  rights  and  interests  appear  to  be  so  materially 
involved.  I  have  the  honor,  &c. 

CHARLES  BAGOT.       * 


Extract  of  a  letter  from  Mr.  Rush  to  the  Secretary  of  State, 

L<>NroN,  Feb.  14,  1818, 

I  am  now  to  have  the  honor  of  stating  all  that  paused  in  the  conversation  with 
I/ord  Castlereigh,  on  the  ist  of  the  month. 

His  lordship  introduced  in  the  last  place,  (assuaging  as  much  as  possible',  by 
his  manner,  the  essential  character  of  his  remarks)  the  affairs  of  the  establishment 
at  the  mouth  of  the  river  Columbia.  A  dispatch  from  Mr.  Bagot,  he  observed,  had 
acquainted  the  Government  here  with  the  steps  lately  taken  by  the  government  of 
the  Jnited  States  to  repossess  itself  of  that  post ;  and  he  had  to  express  to  me  the 
regret  which  had  been  felt  at  the  measure.  It  was  to  have  been  wished,  he  inti- 
mated, that,  before  the  Ontario  sailed,  notice  had  been  given  to  the  British  Minister 
at  Washington,  of  the  intention  to  dispatch  her,  with  a  communication  of  the 
object  of  her  destination  ;  Great  Britain  having  a  claim  dominion  over  the  territory 
in  question.  He  went  on  to  inform  me  that  Mr.  Bagot  had  sent  in  a  remonstrance 
upon  the  occasion,  which,  at  the  last  dates,  an  answer  had  not  been  returned.  His 
lordship  closed  by  saying  that  it  was  the  desire  of  this  Government  to  submit  to 
the  Government  of  the  United  States  a  proposal  that  the  claim  of  title  to  this  first, 


ili 


i8i8 


1818 


PROVISIOXAL   GOVERNMKNT. 


9 


itario.  I 
reviously 
cts  of  the 
xiof  the 


should,  as  in  the  two  former  instances,  go  before  commissioners,  &nd  be  governed, 
in  other  respects,  by  the  precedent  of  the  treaty,  annexing  to  it  a  tuird  supple- 
mental article  as  the  groundwork  of  an  eventual  arbitration. 

To  his  propositions  and  remarks,  I  made  such  replies  as  the  nature  of  all,  and 
the  novelty  of  some  of  them,  appeared  to  demand.  First,  as  to  the  settlement  at 
Columbia  river.  Having  heard  nothing  from  the  Department  upon  the  subject,  I 
was  necessarily  uninformed  of  what  passed  at  Washington.  I  could  only  treat  it 
as  my  first  impressions  dictated.  I  expressed  the  surprise  which  I  felt  at  its  assum- 
ing an  aspect  of  complaint.  The  just  grounds  upon  which  England  claimed 
dominion  were,  I  said,  unknown  to  me.  Granting  that  there  did  exist  in  her  favor 
any  claim  or  pretence  of  right,  was  it  possible  that  the  lawfulness  of  the  step  taken 
could  be  drawn  into  question  ?  That  the  spot  was  in  oar  possession  before  the  war, 
was  a  fact  known  to  the  world ;  that  it  fell  by  beligerant  capture,  into  the  hands  of 
Britain,  whilst  it  raged,  was  alike  notorious.  How,  then,  under  a  treaty  which 
stipulated  the  mutual  restitution  of  all  places  reduced  by  arms  of  either  party,  was 
our  right  to  immediate  and  full  repossession  to  be,  for  an  instant,  impugned  ?  I 
adverted  to  the  familiar  case  of  Nootka  Sound  and  the  Falkland  islands.  Here 
Great  Britain,  under  circumstances  far  less  strong,  had  asserted  the  undeniable 
principle  of  which  we  had  claimed  the  benefit.  In  fine,  I  knew  not  how  to  illus- 
trate or  justify,  by  argument,  a  measure  which  seemed  to  rest  upon  so  broad  and 
indisputable  a  foundation  of  national  right.  It  is  proper,  at  this  stage,  to  say  that 
Lord  Castlereigh  admitted  in  the  most  ample  extent,  our  right  to  be  reinstated, 
and  to  be  Ihe  party  in  possession  while  treating  of  the  title.  The  manner  of  ob- 
taining it,  he  said,  was  alone  to  be  lamented,  declaring  that  it  arose  from  the  possi- 
ble tendency  which  it  might  have  to  give  some  momentary  disturbance  in  that 
region  to  the  general  harmony  subsisting  between  the  countries.  He  hoped  sin- 
cerely this  would  not  be  the  case,  and  added  that,  with  a  view  to  /orestall,  by  the 
most  prompt  and  practicable  means,  such  a  result,  he  had  addressed  a  note  to  the 
lords  of  the  admiralty,  and  another  to  Lord  Bathurst,  Secretary  of  State  for  the 
Colonial  Department,  desiring  that  the  proper  orders  might  be  expedited  to  prevent 
under  what  form,  all  hostile  collision.  A  copy  of  these  notes  he  took  down  and 
read  to  me.  I  proceeded  with  further  remarks.  Though  it  was  scarcely  to  be  ex- 
pected, I  said,  that  I  could  yet  have  received  information  from  my  Government 
relative  to  the  measure,  and  although,  in  fact,  nothing  had  reached  me,  I  was 
nevertheless  abundantly  confident  that  it  had  originated  in  no  unfriendly  motive 
or  feeling.  *  *  Above  all,  I  subjoined,  that  the  use  of  force,  as  a  means 
of  re-establishing  our  previous  domain,  had  in  no  wise  coupled  itself  with  the  in- 
tentions that  were  formed.  These  assurances,  I  thought,  appeared  to  go  some 
length  towards  placing  the  transaction  in  its  innocent  and  justifiable  light.  Given 
as  they  were,  frankly,  I  hope  that  what  I  said  may  be  found  to  meet  the  President's 
approbation.  I  felt  all  the  extravagance  of  the  supposition  that  there  had  been 
any  deviation,  on  the  part  of  the  Government,  in  this  instance,  from  .its  wanted 
respect  to  the  rights  of  other  nations.  Lord  Castlereigh  did  not,  in  any  way,  unfold 
the  nature  of  the  British  claims. 


Mr.  Adams'  Reply. 

Department  of  State,  Washington,  May  20,  1818. 

*        *        *        This  accession  is  understood  to  be  absolute  and  unconditional, 

but  accompanied  with  the  suggestion  of  a  wish  on  the  part  of  the  British  cabinet  to 

try,  as  a  previous  measure,  the  experiment  adopted  for  the  adjustment  of  other 

questions  between  the  two  countries,  of  submitting  the  case  to  the  decision  of  com- 


■  cl 


lO 


brown's  poutical  history. 


I8I8 


^1! 


tnissioners  mutually  chosen  by  the  two  parties  ;  submitting  at  the  same  time  to  the 
same,  or  other  commissioners  appointed  in  like  manner,  the  ascertainment  and 
demarkation  of  a  boundary  line  from  the  northwest  corner  of  the  Lake  of  the 
Woods,  westward  ;  and  the  right  and  title  of  the  United  States  to  a  settlement  at 
the  mouth  of  the  Columbia  river  on  the  Pacific  ocean.  *  *  As  soon  as  the 
President  shall  have  come  to  a  determination  cc>ncerning  it,  the  result  will  he  im- 
mediately communicated  to  you.  In  the  meantiuio,  it  may  be  proper  that  you 
should  assure  Lord  Castlereigh  that  it  was  eutirely  >^wmg  to  accident,  and  to  the 
communications  which  had  previously  passed  between  the  late  Secretary  of  State 
and  Mr.  Baker,  concerning  the  restitution  of  the  post  at  the  mouth  of  the  Columbia 
river,  that  the  Ontario  was  dispatched  for  the  purpose  ot  resuming  our  possession 
tuere,  without  giving  notice  of  the  expedition  to  Mr.  Bagot  and  to  his  Government. 
C.  pies  of  these  communications  are  herewith  enclosed,  from  which  it  was  con- 
cluded that  no  authorized  English  establishment  existed  at  that  place  ;  and  as  they 
intimated,  no  question  whatever  of  the  title  of  the  United  States  to  the  settlement 
which  existed  there  before  the  late  wa-.  it  did  not  occur  that  any  such  question 
had  since  arisen  which  could  make  it  an  object  of  interest  to  Great  Britain.  You 
are  authorized  to  add,  that  notice  of  the  departure  of  the  Ontario,  and  of  the  object 
of  her  voyage  would  nevertheless  have  been  given,  but  that  the  expedition  was 
determined,  and  the  vessel  dispatched,  during  the  President's  absence  from  the 
scat  of  Government  lust  season. 

These  explanations  have  already  been  given  to  Mr.  Bagot,  who  has  expressed 
himself  entirely  satisfied  with  them,  and  his  conviction  that  they  will  be  equally 
satisfactory  to  his  Government.  As  it  was  not  anticipated  that  any  disposition 
existed  in  the  British  Government  to  start  questions  of  title  with  us  on  the  borders 
of  the  South  sea,  we  could  have  no  possible  motive  for  reserve  or  concealment 
with  regard  to  the  expedition  of  the  Ontario.  In  suggesting  these  ideas  to  Lord 
Castlereigh,  rather  in  conversation  than  in  any  more  formal  manner,  it  may  be 
proper  to  remark  the  minuteness  of  the  present  interests,  either  of  Great  Britain, 
or  to  the  United  States,  involved  in  this  concern  ;  and  the  unwillingness,  for  that 
reason,  of  this  Government  to  include  it  among  the  objects  Of  serious  discussion 
with  them.  At  the  same  time  you  might  give  him  to  understand,  though  not 
unless  in  a  manner  to  avoid  everything  offensive  in  the  suggestion,  that,  from  the 
nature  of  things,  if  in  the  course  of  future  events  it  should  ever  become  an  object 
of  serious  importance  to  the  United  States,  it  can  scarcely  be  supposed  that  Great 
Britain  would  find  it  useful  or  advisable  to  resist  their  claim  to  possession  by  syste- 
matic opposition.  If  the  United  States  leave  her  in  undisturbed  enjoyment  of  all 
her  holds  upon  Europe,  Asia  and  Africa,  with  all  her  actual  possessions  in  this 
hemisphere,  we  may  fairly  expect  that  she  will  not  think  it  consistent  either  with 
a  wise,  or  friendly  policy  to  watch  with  eyes  of  jealousy  and  alarm  every  possibility 
of  extension  to  our  natural  dominion  in  North  America,  which  she  can  have  no 
solid  interest  to  prevent,  until  all  possibility  of  lier  preventing  it  shall  have  van- 
ished. 


Mr.  Rush  to  Mr.  Adams. 

London,  July  25,  1818. 
^^  *  I  began  the  conversation  by  affording  the  explanatioa  embraced  in 
your  dispatch,  respecting  the  Ontario's  \oyage  to  the  mouth  of  the  Columbia.  In 
the  course  of  them,  I  particularly  dwelt,  according  to  your  instruction,  upon  the 
correspondence  which  took  place  between  the  Secretary  of  State  and  Mr.  Baker 
soon  after  the  peace,  in  which  the  latter  never  made  a  question  as  to  the  valid  citle, 


tL 


i8i8 


i8i8 


PROVISIONAI.  GOVERNMENT. 


II 


of  the  United  States,  or  intimated  the  existence  of  any  authorized  establishment  at 
that  port,  on  the  part  of  Great  Britain  before  the  war.  His  lordship  said  nothing 
in  reply,  though,  it  appeared  to  me  that  the  explanation  was  satisfactory  to  him, 
removing  as  it  does  all  grounds  of  complaint. 


J.  B.  Prevosl,   IL  s.  Commercial  Afi^ent  to  Secretary  of  State. 

Monte  Rey,  New  Caufornia,  Nov.   ii,  i8i8. 

Sir  :  In  conformity  with  mine  of  27th  July,  which  I  had  the  honor  to  address 
to  your  Department  from  Lima,  I  proceeded  in  His  Britannic  Majesty  s  sloop  of  war 
Blossom  to  the  mouth  of  the  Columbia,  and  entered  tV  a  river  on  the  ist  of  October 
following.  A  few  days  thereafter,  to-wit,  on  the  6th,  as  you  will  perceive  by  re- 
ferring to  a  copy  of  the  act  of  surrender,  (marked  A.)  I  received  in  the  name  and 
on  the  part  of  the  United  States,  the  possession  of  the  establishment  at  Fort 
George,  made  under  the  first  article  of  the  treaty  of  Ghent,  by  Captain  Hickey,  of 
the  royal  navy,  in  compliance  with  the  orders  of  the  Prince  Regent  for  that  pur- 
pose, signified  to  him  through  the  medium  of  Earl  Bathurst.  The  British  flag 
was  thereupon  lowered,  and  that  of  the  United  States  hoisted  in  its  stead,  where  it 
now  waves  in  token  both  of  possession  and  sovereignty. 

The  establishment,  has  been  considerably  extended  and  improved  by  the 
agents  of  the  Northwest  Company  of  Canada,  who  will  continue  to  occupy  and 
protect  it  under  our  flag,  until  it  shall  please  the  President  to  give  orders  for  their 
removal.  I  will,  however,  suggest  that,  when  this  disposition  shall  take  place, 
time  ought  to  be  granted  in  a  ratio  with  the  distance,  to  enable  them  to  obtain  the 
means  of  transporting  the  private  property  deposited  there,  consisting  of  dry  goods, 
furs,  and  implements  of  war,  to  a  large  amount.  Shortly  aft;er  the  ceremony  and 
surrender,  1  received  a  note  (No.  x,)  on  this  subject  from  Mr.  Keith,  the  gentle- 
man whose  signature  accompanies  that  of  Capt.  Hickey,  which  together  with  a  copy 
of  my  answer,  (No.  2,)  is  submitted  for  your  inspection.  A  sense  of  justice  would 
have  dictated  the  assurances  I  have  given  him  in  reply  ;  but  I  had  a  further  motive, 
which  was  that  of  subsiding  the  apprehensions  excited  by  the  abrupt  visit  of  the 
Ontario.  It  appeared  to  me  prudent,  in  this  viiew,  to  take  notice  of  the  suggestion 
relative  to  a  discussion  of  boundary,  and,  in  answering,  to  avoid  any  intimation  of 
immediate  or  of  future  removal,  or  either  might  have  induced  him  to  form  a  settle- 
ment elsewhere  on  the  river,  and  thus  give  rise  to  collisions  between  the  two 
Governments  which  may  now  be  wholly  avoided. 

The  bay  is  spacious,  contains  several  anchoring  places  in  a  suflicieut  depth  of 
water,  and  is  by  no  means  so  difficult  of  ingress  as  has  been  represented.  Those 
enjoying  the  exclusive  commerce  have  probably  cherished  an  impression  so  favor- 
able to  its  continuance,  growing  out  of  the  incomplete  survey  of  Lieut.  Broughton, 
made  under  the  orders  of  Vancouver,  in  1 792.  It  is  true  that  there  is  a  bar  extending 
across  the  month  of  the  river,  at  either  extremity  of  which  are,  at  times,  appauling 
breakers  ;  but  it  is  equally  true  that  it  offers,  at  the  lowest  tides,  a  depth  of  twenty- 
one  feet  of  water  throughout  a  passage  exempt  from  them  of  nearly  a  league  in 
width.  Tlie  Blossom,  carrying  more  guns  than  the  Ontario,  encountering  a 
change  of  wind  while  in  the  channel,  was  compelled  to  let  go  anchor,  and,  when 
again  weighed,  to  tack  and  beat  in  order  to  reach  the  harbor,  yet  found  a  greater 
depth,  and  met  no  difficulty  cither  then  or  on  leaving  the  bay.  The  survey  marked 
C^  may  be  relied  on  for  its  accuracy.  The  bearings,  distances,  and  soundings 
were  taken  by[Captain  Hickey,  who  was  kind  enough  to  lend  himself  to  the  examin- 

I  Omitted. 


ta 


brown's  political  history. 


1818 


ation,  and  furnish  me  with  the  result.  It  is  the  more  interesting  as  it  shows  thai 
with  the  aid  of  buoys,  the  access  to  vessels  of  almost  any  tonnage,  may  be  renderd  se- 
•cure.  In  addition  to  this,  it  is  susceptible  of  entire  defence,  because  a  ship  after 
passing  the  bar,  in  order  to  avoid  the  breaking  of  the  sea,  on  one  of  the  banks,  is 
obliged  to  bear  up  directly  for  the  knoll  forming  the  cape,  at  all  times,  to  approach 
within  a  short  distance  of  its  base,  and  most  frequently  then  to  anchor.  Thus  a 
small  battery  erected  on  this  point,  in  conjunction  with  the  surges  on  the  opposite 
side  would  so  endanger  the  approach  is  to  deter  an  enemy,  however  hardy  from 
the  attempt. 

This  outlet,  the  only  one  between  the  thirty-eight  and  fifty-third  degrees  of 
latitude,  embraces  the  entire  range  of  country  from  the  ocean  to  the  mountains, 
and  its  interior  unites  the  advantage  of  a  water  cummunication  throughout  by 
means  of  the  many  streams  tributary  to  the  Columbia  ;  two  of  which  disembogue 
opposite  to  each  other,  within  twenty-five  leagues  of  the  post,  one  navigable,  and 
nearly  of  equal  magnitude  with  this  beautiful  river.  The  ocean  teems  with  the 
otter  {tnustela,)  the  seal,  and  the  whale  ;  while  the  main  land  affords,  in  innumer- 
able quantities  the  common  otter,  {musk,)  the  bear,  the  buffalo,  and  the  whole 
variety  of  deer. 

It  has  been  observed  by  those  exploring  this  coast  that  the  climate  to  the 
southward  of  53°  assumes  a  mildness  unknown  in  the  same  latitude  on  the  eastern 
side  of  the  continent.  Without  digressing  to  speculate  upon  the  cause,  I  will 
merely  state  that  such  is  particularly  the  fact  in  46°  16',  the  site  of  Fort  George. 
The  mercury  during  the  winter  seldom  descends  below  freezing  point ;  when  it 
does  so,  it  is  rarely  stationary  for  any  number  of  days,  and  the  severity  of  the  sea- 
son is  more  determined  by  the  quantity  of  water  than  by  its  congelation.  The  rains 
usually  commence  in  November,  and  continue  to  fall  partially  until  the  latter  end 
of  March  or  the  beginning  of  April.  A  benign  spring  succeeds  ;  and  when  the 
summers  heats  obtain,  they  are  so  tempered  by  showers  as  seldom  to  suspend  vegeta- 
tion. I  found  it  luxuriant  on  my  arrival,  and  during  a  fortnight's  stay,  experienced 
no  change  of  weather  to  retard  its  course.  The  soil  is  good  ;  all  the  cereal,  gram- 
ina,  and  tuberous  plants  may  be  cultivated  with  advantage,  and  the  waters  abound 
in  salmon,  sturgeon  and  other  fish. 

The  natives  in  appearance  as  well  as  in  character,  differ  essentially  from  those 
with  us.  They  are  less  in  stature,  more  delicately  formed,  and  singular  in  the 
shape  of  the  head,  which,  in  infancy,  is  compressed  between  two  small  plates  of 
wood  or  metal,  so  as  in  its  growth  to  obtain  the  semblance  of  a  wedge.  They  are 
inquisitive,  cheerful,  sagacious,  possess  fewer  of  the  vices  attributed  to  the  savage, 
and  are  less  adicted  tu  cruelties  in  war ;  scalping  is  unknown  to  them,  and  a 
prisoner  suffers  the  infliction  of  no  other  punishment  than  that  of  becoming  a  slave 
to  the  captor  ;  but  as  they  neither  sow  or  reap,  an  observer  cannot  easily  discern  in 
what  the  servitude  consists.  The  wants  of  the  one  are  supplied  by  his  own  address 
in  the  use  of  the  bow  and  the  spear,  while  those  of  the  other  require  the  same 
efforts  and  equal  skill  for  their  gratification. 

The  language  on  the  side  of  the  falls  bears  a  strong  pnalogy  to  that  of  Nootka, 
so  much  so,  that,  with  the  aid  of  a  Spanish  vocabulary  of  the  latter,  accompanying 
the  voyage  of  Voldes,  I  could,  notwithstanding  the  imperfection  in  this  mode  of 
conveying  and  obtaining  sounds,  express  my  wants  and  be  perfectly  understood. 
I  met  with  several  of  the  natives  who  had  heretofore  volunteered  on  board  of  some 
one  of  our  vessels  in  their  fur  excursions,  two  of  whom  had  acquired  a  sufficient 
knowledge  of  our  language  to  speak  it  with  some  ease,  and  were  extremely  solicit- 
ous to  embark  with  us. 


m 
o\ 
cc 


i8i8 

t  shows  thai 

e  reoderd  se- 

a  ship  after 

he  banks,  is 

to  approach 

■lor.     Thus  a 

the  opposite 

hardy  from 

d  degrees  of 
mountains, 
oughout  by 
disembogue 
^^igable,  and 
ms  with  the 
in  innumer- 
the  whole 

mate  to  the 
the  eastern 
luse,  I  will 
3rt  George. 
It ;  when  it 
of  the  sea- 
The  rains 
2  latter  end 
d  when  the 
end  vegeta- 
xperienced 
real,  gram- 
ers  abound 

from  those 
liar  in  the 
1  plates  of 
They  are 
he  savage, 
im,  and  a 
ingaslave 
discern  in 
'D  address 
the  same 

f  Nootka, 
iipanying 
mode  of 
derstood. 
I  of  some 
iuflScient 
ysolicit- 


1818 


PROVISIONAI,  GOVERNMENT. 


1$ 


I  regret  that  I  could  not  collect  sufficient  datn  upon  which  to  ground  an  esti- 
mate of  the  fur  gathered  on  the  Columbia  ;  it  was  impossible,  for  reasons  that  are 
obvious.  Hi'mboldt  has  undertaken  to  number  those  of  the  otter  taken  on  the 
coast  and  shipped  to  China,  of  which  he  assigns  five-sixths  to  the  Americans  ;  he 
may  be  correct  in  the  quantity,  but  I  doubt  whether  the  proportion  be  quite  so  great, 
as  it  frequently  happens  that  the  English  adventurers  confide  his  stock  to  our 
countrymen  in  order  to  participate  in  the  benefits  of  a  market,  from  a  direct  inter- 
course with  which  he  is  excluded  by  the  laws  of  his  country. 

*  *  I  shall  now  conclude  with  the  relation  of  an  occurrence  which  may 
and  ought  to  influence  the  course  to  be  adopted  and  pursued  as  to  this  station. 
The  speculations  of  Humboldt,  his  glowing  description  of  the  soil  and  climate  of 
this  province,  have  probably  given  a  new  direction  to  the  ambition  of  Russia,  and 
determined  its  Emperor  to  the  acquisition  of  empire  in  America.  Until  1816,  the 
settlements  of  this  Power  did  not  reach  to  the  southward  of  55°,'  and  were  of  no 
consideration,  although  dignified  by  them  with  the  title  of  Russian-America.  In 
the  commencement  of  that  year,  two  distinct  establishments  were  made,  of  a  differ- 
ent and  more  imposing  character ;  the  first  at  Atooi,  one  of  the  Sandwich  islands  ; 
the  other  in  this  vicinity,  within  a  few  leagues  of  San  Francisco,  the  most  northerly 
possession  of  Spain,  in  37°  56'.  The  sketch  I  subjoin,  marked  D^  was  procured 
from  a  member  of  the  Government  at  this  place ;  from  whom  I  also  learned  that 
its  augmentation  has  since  become  so  considerable  as  to  excite  serious  alarm.  Two 
Russian  ships  lefl  this  port  on  their  way  thither  a  few  days  anterior  to  our  arrival;  one 
having  on  board  mechanics  of  every  description,  together  with  implements  of  hus- 
bandry. We  passed  sufficiently  near  the  spot  assigned  to  it  to  distinguish  the 
coast  with  some  precision,  and  ascertain  that  it  was  an  open  road — a  circumstance 
that  renders  the  position  liable  t<j  many  objections,  if  intended  to  be  permanent ; 
in  other  respects,  the  choice  is  judicious  for  an  infant  colony.  It  enjoys  a  climate 
still  milder  than  that  of  Columbia,  is  environed  by  a  beautiful  country,  and  its 
proximity  to  an  old  settlement  enables  the  Russians  to  partake  of  the  numerous 
herds  of  black  cattle  and  horses  that  have  been  multiplying  for  the  last  fitly  }  ears. 
The  port  of  St.  Francis  is  one  of  the  most  convenient,  extensive,  and  safe  in  the 
world,  wholly  without  defence,  and  in  the  neighborhood  of  a  feeble,  diffused  and 
disaflfected  population.  Under  all  these  circumstances,  may  we  not  infer  views  to 
the  early  possession  of  this  harbor,  and  ultimately  to  the  sovereignty  of  entire  Cal- 
ifornia? Surely  the  growth  of  a  race  on  these  shores,  scarcely  emerging  from  the 
savage  state,  guided  by  a  chief  who  seeks  not  to  emancipate,  but  to  enthrall,  is  an 
event  to  be  deprecated — an  event,,  the  mere  apprehension  of  which  ought  to  excite 
the  jealousies  of  the  United  States,  so  far  at  least,  as  to  induce  the  cautionary 
measure  of  preserving  a  station  which  may  serve  as  a  birrierto  a  nprthern  aggran- 
dizement. 

I  have  not  been  able  to  gather  o*  information  respecting  the  settlement  at 
Ato'  i  than  that  of  an  assurance  of  its  existence — a  fact  corroborated  by  the  visit  of 
two  ships  to  those  islands  in  their  route  hither.  The  Russians  are  not  yet  such 
ente- prising  u^vigators  as  to  augment  sea  risks  by  extending  a  voyage  several 
thousand  miles  without  an  object.  Such  was  the  ca<«e  in  this  instance,  unless  con- 
nected with  the  settlement,  as  they  had  sailed  from  Lima  abundantly  supplied  a 
few  weeks  prior  to  my  visit  to  that  city  in  April  last. 

These  islands  yield  the  sandal  wood,  so  much  esteemed  in  China,  and  have 

1  Chart  of  the  discoveries  of  Russian  navigators,  published  by  order  of  the  Emperor  in  1802  ; 
referred  to  by  Humboldt,  in  his  view  of  New  Spain  ;  translated  p.  270.  vol.  2.  (Note). 

2  Omitted. 


«4 


brown's  political  history. 


I8I8 


i       I 


been  resorted  to  by  our  vessels  for  years  past,  not  only  in  search  of  this  valuable 
article,  but  of  the  necessary  stock  of  fresh  provisions  to  supply  the  crew  during 
their  cruise  on  the  northwest  coast.  How  far  this  intercourse  may  be  affected  by 
this  encroachment,  is  also  a  subject  for  the  consideration  of  the  President. 

I  take  the  liberty  to  enclose  a  note  marked  H,  of  the  authorities,  Spanish  as 
well  as  English,  that  have  fallen  under  my  view,  illustrating  the  discovery  of  the 
Columbia  by  Mr.  Gray,  in  1793.  Its  subsequent  occupation  in  i8ti,  by  which  the 
soverignty  of  the  United  States  was  completed,  to  the  exclusion  of  any  European 
claimant,  is  a  fact  of  which  the  surrender  of  the  sole  establishment  on  the  river  is 
conclusive  evidence.  I  have  the  honor,  &c. 

J.  B.  PREVOST.. 
A. 
Acl  of  surrender  and  acknowledgement. 
In  obedience  to  the  commands  of  His  Royal  Highness  the  Prince  Regent,  tW 
nified  in  a  dispatch  from   the  rit     .  honorable  Earl  Batburst,  addressed  to  the 
partners  of  the  Northwest  Compat       bearing  date  27th  January,  1818,  and  in  obed- 
ience to  subsequent  orders,  dated  .  ,th  July  last,  from  Wm.  H.  Sheriff;  Esquire, 
Captain  of  His  Majesty's  ship  Andromache,  we,  the  undersigned,  do    .11  conformity 
to  the  first  article  of  the  treaty  of  Ghent,  restore  to  the  Govemmeul  of  the  United 
States,  through  its  agent,  J.  B.  Prevost,  Esquire,  the  settlement  of  Fort  George  on 
the  river  Columbia. 

Given  under  our  hands,  in  triplicate,  at  Fort  George,  Columbia  river,  this  6th 
of  October,  1818.  F.  HICKEY, 

Captain  of  His  Majesty's  ship  Blossom. 
JAMES  KEITH, 
Of  the  Sorthwest  Company. 
I  do  hereby  acknowledge  to  have  this  day  received,  on  behalf  of  the  Govern- 
ment of  the  United  States,  the  possession  of  the  settlement  designated  above,  in 
conformity  to  the  first  article  of  the  treaty  of  Ghent. 

Given  under  my  hand  in  triplicate,  at  Fort  George,  Columbia  river,  this  6th 
of  October,  1818.  "  J.  B.  PREVOST, 

Agent  for  the  United  States. 
No.  I. 

Mr.  Keith  to  Mr.  Prevost. 

Fort  Georce,  Columbia  River,  Oct.  6,  18/8. 

Sir  : — Now  thatjthe  restitution  and  the  settlement  have  been  made,  and  that 
the  Northwest  Company  are  still  allowed  to  occupy  it  in  the  prosecution  of  their 
commercial  pursuits,  permit  me  to  submit  to  you  the  following  important 
queries,  to  which  I  request  a  candid  and  implicit  reply  :  ^Vhether  or  not  you  feel 
authorized,  on  behalf  of  the  United  States,  to  tender  me  any  assistance,  or  to 
afford  any  security,  that  no  abandonment  or  relinquishment  of  said  settlement 
will  be  claimed  by  your  Government  in  favor  of  any  of  its  subjects,  to  the  eject- 
ment and  exclusion  of  said  Northwest  Company,  prior  to  the  final  decision  of  the 
right  of  sovereignty  being  confirmed  to  the  United  States,  may  the  Northwest 
Company  implicitly  rely  on  the  justice  and  equity  of  your  Government,  that 
adequate  allowance  will  be  made  for  any  extension  or  amelioration  of  aforesaid 
settlement,  or  of  the  trade  dependent  thereon,  of  which  circumstances  may  from 
time  to  time  suggest  the  propriety  ?     I  have  the  honor,  &c., 

J.  B.  Prevost,  Esq.  JAMES  KEITH, 

Acting  for  self  and  Northwest  Company. 


I8i8 


l832 


PROVISIONAL  GOVERNMENT. 


15 


this  valuable 
crew  during 

>e  affrcted  by 

dent. 

■»,  Spanish  as 
covery  of  the 
by  which  the 
ny  European 
>n  the  river  is 

5V0ST.. 


Regpnt,  sip 
essed  to  the 
and  in  obed- 
fiff,  Esquire, 
1  conformity 
f  the  United 
t  George  on 

ver,  this  6th 

SY, 

blossom. 

'H. 

'fnpany. 

;he  Govern - 

d  above,  in 

er,  this  6th 

States. 


.  /8/8. 
■,  and  that 
n  of  their 
important 
>t  you  feel 
ice,  or  to 
ettlement 
the  eject- 
ion of  the 
rorthwest 
lent,  that 
aforesaid 
lay  from 

ipany. 


No.  2. 
Fort  Gkorgk,  Columbia  River ,  (hi.  6,  iSiS. 

Sir  : — In  answer  to  your  note  of  this  morning,  I  have  the  honor  to  state  that 
the  principal  object  of  the  President  in  sending  me  thus  far  was  to  obtain  such 
information  of  the  place,  of  its  access,  and  of  its  commercial  iniportaiict ,  a»  it 
might  enable  him  to  submit  to  the  consideration  of  Congress  measures  for  the 
protection  and  extension  of  the  establishment.  From  hence  you  will  perceive 
that,  until  the  sense  of  the  Goveniment  may  be  taken  upon  my  report,  \ny  assur- 
ance, I  might  offer  to  meet  the  wishes  expressed  by  you  would  be  as  unauthorized 
as  unavailing.  I,  however,  sir,  have  no  hesitation  in  saying  that,  should  it  here- 
after comport  with  the  views  of  the  nation  to  foster  the  settlement,  any  claim  of 
the  Northwest  Company,  justified  by  the  usages  of  nations,  will  be  liquidated 
with  great  liberality  ;  and  that,  should  its  policy  induce  a  system  of  exclusion,  it 
will  never  extend  to  your  removal  without  sufficient  notice  to  prevent  loss  and 
injury  to|the  company. 

I  cannot  take  my  leave,  sir,  without  expressing  my  approbation  of  the  man- 
ner in  which  an  establishment  so  precarious  has  been  managed,  nor  without 
offering  a  hope  that  the  same  judicious  course  may  be  pursued  under  the 
change  of  flag  for  its  success,  until  the  pleasure  of  the  President  can  be  known. 

James  Kkith,  &c.  J.  B.  PRKVOST. 

E. 
Notes  and  Authorities. 

Relacion  del  Viore  Heclo  por  los  Goletos  Sutie  y  Mexicana,  in  1792,  pub- 
lished in  1802,  page  157. 

Introduction  to|same,  page  95. 

Chartjaccompanying  the  work,  in  which  the  mouth  of  the  Columbia  is  stated 
only  as  an  entrance  "seen"  by  Heceta  and  Quadra,  to  whom  the  discovery  is 
ascribed.  Manrelle,  the  pilot,  published  an  account  of  the  voyage.  This  work 
has  been  translated  by  Barrington,  and  is  referred  to  in  the  instructions  to 
La  Perouse. 

Vancouver,  ist  vol.  quarto  edition,  210,  214,  215. 

2d  vol.  74,  observations  incorporated  with  the  report  of  Lt.  Broughton  Mears, 
who  also  perceived  indent,  but  could  discover  no  entrance,  and  examined  the 
northern  point  "Disappointment"  whichjjit  still  leaves. 


RUSSIAN   AND    AMERICAN   CONTROVERSY. 

The  Chevalier  de  Poletica  to  the  Secretary  of  State. 

Washington,  Jan.  jo,  [February  //.]  1822. 

The  undersigned  Envoy  Extraordinary  and  Minister  Plenipotentiary,  of  His 
Majesty  the  Emperor  of  all  the  Russias,  in  consequence  of  orders  which  have 
lately  reached  him,  hastens  herev;ith  to  tn  nsmit  to  Mr.  Adams,  the  Secretary  of 
State,  a  printed  copy  of  the  iegula>.l'.,iii  adopted  by  the  Russian- American'Com- 
pany,  and  sanctioned  by  Hisj£lmi>^.ial  Majesty,  relative  to  foreign  commerce  in 
the  waters  bordering  the  establishments  of  the  said  company  on  the  northwest 
coast  of  America. 

The  undersigned  conceives  it.  to  be,  moreover,  his  duty  to  inform  Mr.  Adams 
that  the  Imperial  Government,  in  adopting  the  regulations,  supposes  that  a 


i6 


brown's  political  history. 


1822 


.  II 


foreign  ship,  which  shall  have  sailed  from  a  European  port  after  the  ist  of 
March,  1822,  or  from  one  of  the  ports  of  the  United  States  after  the  first  of  July 
of  the  same  year,  cannot  lawfully  pretend  ignorance  of  these  new  measures. 

The  undersigned  &c., 

PIERRE  DE  POLETICA. 
Rules  established  for  the  limits  of  navigation  and  order  of  communication     *    * 

the  northwest  coaat  of  America. 

Section  i.  The  pursuits  of  commerce,  whaling,  and  fishery,  and  of  all 
other  industry,  on  all  islands,  ports,  and  gulfs,  including  the  whole  of  the  north- 
west coast  of  America,  beginning  from  Behring's  straits  to  the  51st  degree  of  north 
latitude,  also  from  the  Aleutian  islands  to  the  eastern  coast  of  Siberia,  as  well  as 
along  the  Kenile  islands  from  Behring's  straits  to  the  south  cape  of  the  island  of 
Ump,  viz  :  to  45°  50'  northern  latitude,  are  exclusively  granted  to  Russian 
subjects. 

Sec.  2.  It  is  therefore  prohibited  to  all  foreign  vessels  not  only  to  land  on 
the  coasts  and  islands  belonging  to  Russia,  as  stated  above,  but  also  to  approach 
them  within  less  than  a  hundred  Italian  miles.  The  transgressor's  vessel  is  sub- 
ject to  confiscation,  along  with  the  whole  cargo. 

Sec.  14.  It  is  likewise  interdicted  to  foreign  ships  to  carry  on  any  traffic  or 
barter  with  tho  tiatives  of  the  islands  and  of  the  northwest  coast  of  America,  in 
the  whole  extent  hereabove  mentioned.  A  ship  convicted  of  this  trade  shall  be 
confiscated.     (60  other  sections.) 


The  Secretary  of  State  to  Mr.  Poletica. 
Department  oe  State,   Washington^  Feb.    5,  1822. 

Sir:  *  *  I  am  directed  by  the  President  of  the  United  States  to  inform  you 
that  he  has  seen  with  surprise,  in  this  edict,  the  assertion  of  a  territorial  claira  on 
the  part  of  Russia,  extending  to  the  fifty-first  degree  of  north  latitude  on  this  con- 
tinent, and  a  regulation  interdicting  all  commercial  vessels  other  than  Russia, 
upon  the  penalty  of  seizure  is  made  to  apply.  The  relations  of  the  United  States 
with  His  Imperial  Majesty's  have  always  been  of  the  most  friendly  character, 
and  it  is  the  earnest  desire  of  this  Government  to  preserve  them  in  that  state.  It 
was  expected,  before  any  act  which  should  define  the  boundary  between  the  ter- 
ritories of  the  United  States  and  Russia  on  this  continent,  that  the  aame  would 
have  been  arranged  by  treaty  between  the  parties.  To  exclude  the  vessels  of  our 
citizens  from  the  shores  beyond  the  ordinary  distances  to  which  the  territorial 
jurisdiction  extends,  has  excited  still  greater  surprise. 

This  ordinance  affects  so  deeply  the  rights  of  the  United  States  and  of  our 
citizens,  that  I  am  instructed  to  inquire  whether  you  are  authorized  to  give 
explanation  of  the  grounds  of  right  upon  the  principles  generally  recognized  by 
the  laws  and  usages  of  nations,  which  can  warrant  the  claims  and  regulations 
contained  in  it. 

I  assure  you  of  my  distinguished  consideration. 

JOHN   QUINCY   ADAMS. 


The  Chevalier  de  Poletica  to  the  Secretary  of  State. 

Washington,  Feb.  28,  1822. 
Sir —    *    *    Readily  yielding,  sir,  to  the  desire  expressed  by  you  in  your 
letter  of  knowing  the  rights  and  principles  upon  which  are  founded  the  deter- 


M 


■■■IIHII 


the  1st  of 
first  of  July 
sures. 

[.ETICA. 
ation     *    * 


and  of  all 

the  north- 

ree  of  north 

,  as  well  as 

he  island  of 

to  Russian 

to  land  on 
:o  approach 
sssel  is  sub- 

ly  traffic  or 
A^merica,  in 
ide  shall  be 


r,  1822. 

inform  you 
al  claira  on 
jn  this  con- 
an  Russia, 
lited  States 

character, 
it  state.  It 
:en  the  ter- 
lame  would 
ssels  of  our 

territorial 

and  of  our 
;ed  to  give 
ognized  by 
regulations 


VDAMS. 


,  1822. 

3U  in  your 

the  deter- 


1822 


PROVISIONAL  GOVERNMENT. 


17 


minate  limits  of  the  Russian  possessions  on  the  northwest  coast  of  America,  from 
Behring's  strait  to  the  fifty -first  degree  of  north  latitude,  I  am  happy  to  fulfill 
this  task  by  only  caUing  your  attention  to  the  following  historical  facts,  the 
authenticity  of  which  cannot  be  contested. 

The  first  discoveries  of  the  Russians  on  the  northwest  continent  of  America 
go  back  to  the  time  of  the  Emperor  Peter  I.  They  belong  to  the  attempt  made 
towards  the  end  of  the  reign  of  this  great  monarch  to  find  a  passage  from  the 
Icy  sea  into  the  Pacific  ocean. 

In  1728  the  celebrated  Captain  Behring  made  his  first  voyage.  The  recital 
of  his  di8co\°ries  attracted  the  attention  of  the  Government,  and  the  Empress 
Anne  Entrusted  to  Captain  Behring  ( 1741  )  a  new  expedition  in  these  same  lati- 
tudes. She  sent  with  him  the  academicians  Gemelin,  Delile  dela  Crayere,  Mullet, 
Steller,  \Fisher,  Krosilnicojff,  Kraecheninicoff,  and  others ;  and  the  first  chart 
of  these  countries  which  is  known,  was  the  result  of  their  labors,  published  in 
1758.  Besides  the  strait  which  bears  the  name  of  the  chief  of  this  expedition, 
he  discovered  the  great  part  of  the  islands  which  are  found  between  the  two 
continents :  Cape  or  Mount  St.  Elias,  which  still  bears  this  name  upon  all  charts, 
was  so  called  by  Captain  Behring,  who  discovered  it  on  the  day  of  the  feast  of 
this  saint):  and  his  second,  Captain  Tchiricoff,  pushed  his  discoveries  as  far  as 
the  fifty-ninth  degree  of  north  latitude. 

The  first  private  expeditions  undertaken  upon  the  northwest  coast  of  America 
go  back  asjfar  as  the  year  1743. 

In  1763,  the  Russian  establishments  had  already  extended  as  far  as  the  island 
of  Kodiak  ( or  Kichtak ).  In  1778,  Cook  found  them  at  Ounalaska,  and  some 
Russian  inscriptions  at  Kodiak.  Vancouver  saw  the  Russians'  establishment  in 
the  bay  of  Kinai.  In  fine,  Captains  Mears,  Porttuck  and  La  Perous<j  unanimously 
attest  the  existence  of  Russian  establishments  in  these  latitudes. 

If  the  Imperial  Government  had  at  the  time  published  the  discoveries  made 
bj'  the  Russian  navigators  after  Behring  and  Tchiricoff  (viz. ,  Chivelilofif  and  others  ) 
no  one  could  refuse  to  Russia  the  right  of  first  discovery,  nor  could  even  any  one 
deny  her  that  of  first  occupation. 

Moreover,  when  D.  Jose  Martinez  was  sent,  in  1789,  by  the  court  of  Madrid, 
to  form  an  establishment  |in  Vancouver's  island,  and  to  remove  foreigners  from 
there  under  the  pretext  that  all  that  coast  belonged  to  Spain,  he  gave  not  the 
least  disturbance  to  the  Russian  colonies  and  navigators ;  yet  the  Spanish  Gov- 
ernment was  not  ignorant  of  their  existence,  for  this  very  Martinez  had  visited 
them  the  year  before.  The  report  which  Captain  Malespina  made  of  the  results 
of  his  voyage  proves  that  the  Spaniards  very  well  knew  of  the  Russian  colonies, 
and  in  this  very  report,  it  is  seen  that  the  court  of  Madrid  acknowledged  that 
its  possessions  upon  the  coast  of  the  Pacific  ocean  ought  not  to  extend  to  the 
north  of  Cape  Blanc,  taken  from  [the  point  of  Trinity,  situated  under  42°  51 '  of 
north  latitude. 

When,  in  1799,  the  Emperor  Paul  I.  granted  to  the  present  American  Com- 
pany its  first  charter,  he  ga"e  it  the  exclusive  possession  of  the  northwest  coast 
of  America  which  belonged  to  Russia  from  the  fifty-fifth  degree  of  north  latitude 
to  Behring's  strait.  He  permitted  them  to  extend  their  discoveries  to  the  south, 
and  vliere  to  form  establishments,  provided  they  did  not  encroach  upon  the  terri- 
tory occupied  by  other  powers. 

This  act,  when  made  public,  excited  no  claim  on  the  part  of  other  cabinets, 
not  even  on  that  of  Madrid,  which  confirms  that  it  did  not  extend  its  pretensions 
to  the  sixtieth  degree. 


i8 


brown's  poIvITical  history. 


1822 


I   !■ 


(  I 


; 


When  the  Government  of  the  United  States  treated  with  Spain  for  the  ces- 
sion of  a  part  of  the  northwest  coast,  it  was  able  to  acouire,  by  the  treaty  of 
Washington,  the  right  of  all  that  belonged  to  the  Spaniards  north  of  the  fort}'- 
second  degree  of  latitude  ;  but  this  treaty  says  nothing  positively  concerning  the 
northern  boundary  of  this  cession,  because,  in  fact,  Spain  well  knew  that  she 
could  not  say  that  the  coast  as  far  as  the  sixtieth  degree  belonged  to  her. 

From  this  faithful  exposition  of  known  facts,  it  is  easy,  sir,  as  it  appears  to 
me,  to  draw  the  conclusion  that  the  rights  of  Russia  to  the  extent  of  the  north- 
west coast,  specified  in  the  regulations  of  the  Russian- American  Company,  rests 
upon  the  three  bases  required  by  the  general  Jlaw  of  nations  and  immemorial 
usage  amrong  nations  —  that  is,  upon  the  title  of  first  discovery  ;  upon  the  title  of 
first  occupation  ;  and,  in  the  last  place,  upon  that  which  results  from  a  peaceable 
and  uncontested  possession  of  more  than  half  a  century  —  an  epoch,  conse- 
quently, several  years  anterior  to'  that  when  the  United  States  took  their  place 
among  the  independent  nations. 

It  is,  n"--°over,  evident,  that  if  the  right  of  the  possessions  of  a  certain  ex- 
tent of  the  w^ilhwest  coast  of  America,  claimed  by  the  United  States,  only 
devolved  upon  them  in  virtue  of  the  treaty  of  Washington,  the  22d  of  February, 
1819  ( I  believe  it  would  be  difficult  to  make  good  any  other  title),  this  treaty 
could  not  confer  upon  the  same  coast,  because  Spain  herself  had  never  pretended 
to  similar  rights. 

The  Imperial  Government,  in  assigning  for  limits  to  the  Russian  possessions 
on  the  northwest  coast  of  America,  on  the  one  side  ot  Behring's  strait,  and  on 
the  other  the  fifty-first  degree  of  north  latitude,  has  only  made  a  moderate  use  of 
an  incontestable  right ;  since  the  Russian  navigators,  who  were  first  to  explore 
that  part  of  the  American  continent,  in  1741,  pushed  their  discoveries  as  far  as 
the  fifty-ninth  degree  of  north  latitude.  The  fifty-first  degree  therefore,  is  no 
more  than  a  mean  point  between  the  Russian  establishment  of  New  Archangel, 
situated  under  the  fifty-seventh  degree,  and  the  American  colony  at  the  mouth  of 
the  Columbia,  which  is  found  under  the  forty-sixth  degree  of  the  same  latitude. 

All  these  considerations  united  have  concurred  in  inspiring  the  Imperial 
Government  with  the  entire  conviction  that,  in  the  last  arrangements  adopted  in 
Russia  relative  to  her  possessions  on  the  northwest  coast,  the  legitimate  right  of 
no  foreign  Power  has  been  infringed.  In  this  conviction,  the  Emperor,  my 
august  sovereign,  has  judged  that  his  good  right,  and  the  obligation  imposed  by 
Providence  upon  him  to  protect  with  all  his  power  the  interests  of  his  subjects, 
sufficiently  justified  the  measure  last  taken  by  His  Imperial  Majesty  in  favor  of 
the  Russian- American  Company,  without  it  being  necessary  to  clothe  them  with 
the  sanction  of  treaties. 

I  shall  be  more  succinct,  sir,  in  the  exposition  of  the  motives  which  deter- 
mined the  Imperial  Government  to  prohibit  foreign  vessels  from  approaching  the 
northwest  coast  of  America  belonging  to  Russia  within  the  distance  of  at  least 
one  hundred  miles.  This  measure,  however  severe  it  may  at  first  view  appear,  is, 
after  all ,  but  a  measure  of  prevention.  It  is  exclusively  directed  against  enter- 
prises of  foreign  adventurers,  who,  not  content  with  exercising  upon  the  coasts 
above  mentioned  an  illicit  trade  very  prejudicial  to  the  rights  reserved  entirely  to 
the  Russian- American  Company,  taken  upon  them  besides  to  furnish  arms  and 
ammunition  to  the  natives  in  the  Russian  possessions  in  America,  exciting  them 
likewise  in  every  manner  to  resistance  and  revolt  against  the  authorities  there 
established. 


if 


l822 


1822 


PROVISIONAL  GOVERNMENT. 


19 


n  for  the  ces- 
the  treaty  of 
of  the  fortj'- 

onceniing  the 

new  that  she 

)  her. 

it  appears  to 
of  the  north- 
)mpany,  rests 
immemorial 
m  the  title  of 
n  a  peaceable 
poch,  conse- 
k  their  place 

a  certain  ex- 
States,  only 
of  February, 
) ,  this  treaty 
ver  pretended 

11  possessions 
strait,  and  on 
•derate  use  of 
rst  to  explore 
ries  as  far  as 
erefore,  is  no 
w  Archangel, 
the  mouth  of 
ne  latitude. 

the  Imperial 
ts  adopted  in 
nate  right  of 
Bmperor,  my 
I  imposed  by 
his  subjects, 
ty  in  favor  of 
lie  them  with 

which  deter- 
)roaching  the 
:e  of  at  least 
;w  appear,  is, 
gainst  enter- 
»n  the  coasts 
;d  entirely  to 
sh  arms  and 
Kciting  them 
lorities  there 


The  American  Government  doubtless  recollects  that  the  irregular  conduct  of 
these  adventurers,  the  majority  of  whom  are  composed  of  American  citizens,  has 
been  the  object  of  most  pressing  remonstrances  on  the  part  of  Russia  to  the 
Federal  Government  from  the  time  that  diplomatic  missions  were  organized  be- 
tween the  two  countries.  The  \e  remonstrances,  repeated  at  different  times,  re- 
main constantly  without  effec'.,  and  the  inconveniences  to  which  they  ought  to 
bring  a  remedy  continue  to  inf  /ease. 

The  Imperial  Govemmeni  ,  respecting  the  intention  of  the  American  Govern- 
ment, has  always  abstained  from  attributing  the  ill  success  of  its  remonstrances 
to  any  other  motives  than  those  which  flow  ( if  I  may  be  allowed  to  the  ex- 
pression )  from  the  very  nature  of  the  institutions  which  govern  the  national 
affairs  of  the  American  federation.  But  the  jhigh  opinion  which  the  Emperor 
has  always  entertained  of  the  rectitude  of  the  American  Government,  cannot  ex- 
empt from  the  care  with  his  sense  of  justice  towards  his  own  subjects  imposes 
upon  him.  Pacif  c  means  not  Jhaving  brought  'any  alleviation  to  the  just  griev- 
ances of  the  Russian- American  Company  against  foreign  navigators  in  the  waters 
which  environ  their  establishments  on  the  northwest  coast  of  America,  the  Im- 
perial Government  saw  itself  under  the  necessity  of  having  recourse  to  the 
means  of  coercion ,  and  of  measuring  the  rigor  according  to  the  inveterate  char- 
acter of  the  evil  to  which  it  wished  to  put  a  stop.  Yet  it  is  easy  to  discover,  on 
examining  closely  the  last  regulation  of  the  Russian- American  Company,  that  no 
spirit  of  hostility  had  anything  to  do  with  its  formation.  The  most  minute 
precautions  have  been  taken  in  it  to  prevent  abuses  of  authority  on  the  part  of 
commanders  of  Russian  cruisers  appointed  for  the  execution  of  said  regula- 
tions.    *     *     * 

I  ought,  in  the  last  place,  to  [request  you  to  consider,  sir,  that  the  Russian 
possessions  on  the  Pacific  ocean  extend,  on  the  northwest  coast  of  America,  from 
Behring's  strait  to  the  [fiftj'-first  Jdegree  of  north  latitude,  and  on  the  opposite 
side  of  Asia,  and  the  islands  adjacent,  from  the  same  strait  to  the  forty-fifth  de- 
gree. The  extent  of  sea,  of  which  these  possessions  form  the  limits,  comprehend 
all  the  conditions  'which  are  ordinarily  attached  to  s/itil  seas,  ( mers  /ermeis,  ) 
and  the  Russian  Government  might  consequently  judge  itself  authorized  to  exer- 
cise upon  this  sea  the  right  of  sovereignty,  and  especially  that  of  entirely  inter- 
dicting the  entrance  of  foreigners.     *     * 

I  have  the  honor,  etc. ,  PIERRE  DE  POLETICA. 

The  Secretary  of  State  to  Mr.  Poletica. 
DeparTmknt  ok  State,   Washington,  March  30,  1822. 

Sir  :  —  I  have  the  honor  of  receiving  your  letter  of  28th  ult. ,  which  has  been 
submitted  to  the  consideration  of  the  President. 

From  the  deduction  which  it  contains  of  the  grounds  upon  which  articles  of 
regulations  of  the  Russian -American  Company  have  now,  for  the  first  time,  ex- 
tended the  claim  of  Russia  on  the  tiorthwest  coast  of  America  to  the  fifty-first 
degree  of  north  latitude,  its  only  foundation  appears  to  be  a  small  settlement  of 
Novo  Archangelsk,  situated,  not  on  the  American  continent,  but  upon  a  small 
island  in  latitude  57°  ;  and  the  principle  upon  which  you  state  that  this  claim  is 
now  advanced  is,  that  the  fifty-first  degree  is  equidistant  from  that  settlement  of 
Novo  Archangelsk  and  the  establishment  of  the  United  States  at  the  mouth  of 
Columbia  river.  But  from  the  same  statement,  it  appears  that,  in  the  year  1799, 
the  limits  prescribed  by  the  Emperor  Paul  to  the  Russian- American  Company 
were  fixed  at  the'fifty-fifth  degree  of  latitude,  and  that,  in  assuming  now  the  lati- 


!■ 


, 

1  ■  I 
■  1 

1 

20 


brown's  political  history. 


1822 


tude  51°,  a  new  pretension  is  asserted,  to  which  no  settlement  made  since  the 
year  1799  has  given  the  color  of  sanction. 

This  pretension  is  to  be  considered  not  only  with  reference  to  the  question  of 
territorial  right,  but  also  to  that  prohibition  to  the  vessels  of  other  nations,  in- 
cluding those  of  the  United  States,  to  approach  within  one  hundred  Italian  miles 
of  the  coast.  From  the  period  of  the  existence  of  the  United  States  as  an  inde- 
pendent nation,  their  vessels  have  freely  navigated  the  seas,  and  the  right  to 
navigate  them  is  a  part  of  that  independence. 

With  regard  to  the  suggestion  that  the  Russian  Government  might  have 
justified  the  exercise  of  sovereignty  over  the  Pacific  ocean  as  a  close  sea,  because  it 
claims  territory  both  on  its  American  and  Asiatic  shores,  it  may  suffice  to  say 
that  the  distance  from  shore  to  shore  on  this  sea,  in  latitude  51°  north,  is  not  less 
than  ninety  degrees  of  longitude,  or  four  thousand  miles. 

As  little  can  the  United  States  accede  to  the  justice  of  the  reason  assigned  for 
the  prohibition  above  mentioned.  The  right  of  the  citizens  of  the  United  States 
to  hold  commerce  with  the  aborignal  natives  of  the  northwest  coast  of  America, 
without  the  territorial  jurisdiction  of  other  nations,  even  in  arms  and  munitions 
of  war,  is  as  clear  and  indisputable  as  that  of  navigating  the  seas.  That  right  has 
never  been  exercised  in  a  spirit  unfriendly  to  Russia ;  and  although  general  com- 
plaints have  occa  iionally  been  made  on  the  subject  of  this  commerce  by  some 
of  your  predecessors,  no  specific  ground  of  charges  has  ever  been  alleged  by  them 
of  any  transaction  in  it  which  the  United  States  were,  by  the  ordinary  laws  and 
usages  of  nations,  bound  either  to  restrain  or  punish.  Had  any  such  charge  been 
made,  it  would  have  received  the  most  pointed  attention  of  this  Government, 
with  the  sincerest  and  firmest  disposition  to  perform  every  act  and  obligation  of 
justice  to  yours  which  could  have  been  required.  I  am  commanded  by  the  Presi- 
dent of  the  United  States  to  assure  you  that  this  disposition  will  continue  to  be 
entertained  together  with  the  earnest  desire  that  the  most  harmonious  relations 
between  the  two  countries  may  be  preserved. 

Relying  on  the  assurance  in  your  note  of  similar  dispositions  reciprocally 
entertained  by  His  Imperial  Majesty  toward  the  United  States,  the  President  is 
persuaded  that  the  citizens  of  this  Union  will  remain  unmolested  in  the  prosecu- 
tion of  their  lawful  commerce,  and  that  no  effort  will  be  given  to  an  interdiction 
manifestly  incompatible  with  their  rights.        I  am  &c. , 

JOHN   QUINCY   ADAMS. 

Extract  from  Chevalier  de  Poletica  to  Secretary  of  State. 

Washington,  March  21,  [April  2]  1822. 

Sir  : — In  the  first  official  letter  which  I  had  the  honor  of  addressing  to  you, 
I  thought  I  had  succeeded  in  clearly  demonstrating  that  the  rights  of  Russia  to 
the  possession  of  a  certain  extent  of  the  northwest  coast  of  America,  as  far  as 
these  rights  can  be  rendered  legitimate  by  the  first  dicovery,  the  first  occupation, 
and  a  possession  not  contested  for  more  than  half  a  century — that  these  rights,  I 
say,  go  back  to  times  considerably  earlier  than  the  reign  of  the  Emperior 
Paul  I. 

When  this  soverign  granted,  in  1799,  to  the  Russian-American  Compan}'  its 
first  charter  of  incorporation,  there  had  never  been  a  question  about  abandoning 
to  that  company  the  right  of  sovereignty  over  one  determinate  portion  of  the 
northwest  coast  of  America  in  all  its  plentitude.  The  question  was  purely  and 
simply  of  conceding  to  the  said  company  a  part  of  the  sovereignty,  or  rather  cer- 
tain exclusive  privileges  of  commerce,  and  it  is  in  this  view  that  the  act  of  1799,, 


l822 

lade  since  the 

the  question  of 
ler  nations,  in- 
d  Italian  miles 
tes  as  an  inde- 
id  the  right  to 

nt  might  have 
e  sea,  because  it 
suffice  to  say 
orth,  is  not  less 

son  assigned  for 
ic  United  States 
ast  of  America, 
3  and  munitions 
That  right  has 
jh  general  com- 
imerce  by  some 
alleged  by  them 
iinary  laws  and 
uch  charge  been 
is  Government, 
.nd  obligation  of 
led  by  the  Presi- 
continue  to  be 
lonious  relations 

ions  reciprocally 
the  President  is 

I  in  the  prosecu- 
o  an  interdiction 

^CY   ADAMS. 
State. 

pril  2\  1822. 
idressing  to  you, 
fhts  of  Russia  to 
merica,  as  far  as 
first  occupation , 
at  these  rights,  I 
jf  the   Emperior 

can  Company  its 
•bout  abandoning 
te  portion  of  the 

II  was  purely  and 
ty,  or  rather  cer- 
t  the  act  of  1799,. 


1846 


PROVISIONAL  GOVERNMENT. 


ai 


to  which  you  refer,  fixed  the  limits  of  the  operations  of  the  Russian- American 
Company. 

*  *  *  Thatjthese  rights  extended,  in  the  opinion  of  the" Imperial 
Government,  further  south  than  the  fifty-first  degree  of  latitude,  appears  evident 
from  the  structure  of  the  third  article  of  the  act  of  incorporation,  which  author- 
ized the  company  to  form  establishments  south  of  the  fifty-first  degree  of  north 
latitude. 

But  what  will  dispel  even  the  shadow  of  doubt  in  this  regard  is  the  authentic 
fact  that,  in  1789,  the  Spanish  packet  St.  Charles,  commanded  by  Captain  Han, 
found  in  the  latitude  48°  and  49°,  Russian  establishments  to  the  number  of  eight, 
consisting,  in  the  whole  of  twenty  families,  and  four  hundred  and  sixty-two  indi- 
viduals. These  were  the  descendants  of  the  companions  of  Captain  Tchiricoff, 
who  was  supposed  till  then  to  have  perished.  With  such  titles  justifying  the 
rights  claimed  by  Russia,  sir,  will  agree  that  it  is  perfectly  immaterial  whether 
the  Russian  establishment  at  Novo  Archangelsk  be  small  or  large.  If  the  rights 
of  territorial  possession  were  measured  according  to  dimensions  of  the  points 
occupied,  what  would  become  of  those  of  the  United  States  upon  a  considerable 
extent  of  the  same  northwest  coast  ?  for  the  only  American  establishment  ever 
yet  known  is  certainly  very  inferior  in  stability  to  that  of  Russia  at  Novo 
Archangelsk.        *        * 

As  to  the  right  claimed  for  the  citizens  of  the  United  States  of  trading  with 
the  natives  of  the  country  of  the  northwest  coast  of  America,  without  the  limits 
of  the  jarisdiction  belonging  to  Russia,  the  Imperial  Government  will  not  cer- 
tainly think  of  limiting  it,  and  still  less  of  attacking  it  there.  But  I  cannot  dis- 
semble, sir,  that  this  same  trade  beyond  the  fifty-first  degree  will  meet  with  diffi- 
culties and  inconveniences,  for  which  the  American  owners  will  only  have  to 
accuse  their  own  imprudence  after  the  publicity  which  has  been  given  to  the 
measures  taken  by  the  Imperial  Government  for  maintaining  the  rights  of  the 
Russian-American  Company  in  their  absolute  integrity.        *        * 

Be  pleased  to  accept,  &c. 

PIERRE  DE  POLETICA. 
Convention  betzveen  the  United  States  of  America  and  Her  Majesty  the  Queen 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  concluded  at  Wash- 
ington, fune  15,  1846. 

The  United  States  of  America  and  Her  Majesty,  the  Quesn  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  deeming  it  to  be  desirable,  for  the  future 
welfare  of  both  countries,  that  the  state  of  doubt  and  uncertainty  which  has 
hitherto  prevailed  respecting  the  sovereignty  and  government  of  the  territory  on 
the  northwest  Jcoast  jof  America,  lying  westward  of  the  Rocky  or  Stony  moun- 
tains, should  be  finally  terminated  by  an  amicable  compromise  of  the  rights 
mutually  asserted  by  the  two  parties  over  the  said  territory,  have  respectively 
named  plenipotentiaries  to  treat  and  agree  concerning  the  terms  of  such  settle- 
ment ;  that  is  to  say,  the  President  of  the  United  States  of  America  has  on  his 
part  furnished  with  full  |powers  Jamee  Buchanan,  Secretary  of  State,  of  the 
United  States ;  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  has  on  her  part  appointed  the  right  honorable  Richa'''! 
Pakenham,  a  member  of  Her  Majesty's  most  honorable  privy  council,  and  Her 
Majesty's  Envoy  Extraordinary  and  Minister  Plenipotentiai-y  to  the  United 
States;  who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded  the  follow- 
ing articles : 


! 
i 

! 
I 


1 


I 


!  i 


22 


brown's  poi,iticai«  history. 


1846 


Article  i.  From  the  point  on  the  forty-ninth  parallel  of  north  latitude 
where  the  boundary  laid  down  in  existing  treaties  and  conventions  between  the 
United  States  and  Great  Britain  terminates,  the  line  of  boundary  between  the 
territories  of  the  United  States  and  those  of  Her  Britannic  Majesty  shall  be  con- 
tinued westward  along  the  said  forty-ninth  parallel  of  north  latitude  to  the  mid- 
dle of  the  channel  which  separates  the  continent  from  Vancouver's  Island,  and 
thence  southerly  through  the  middle  of  the  said  channel  and  of  Fuca's  Straits  to 
the  Pacific  ocean  :  Provided,  however.  That  the  navigation  of  the  whole  of  the 
said  channel  and  straits,  south  of  the  forty-ninth  parallel  of  north  latitude,  re- 
main free  and  open  to  both  parties. 

Art.  2.  From  the  point  at  which  the  forty-ninth  parfillel  of  north  latitude 
shall  be  found  to  intersect  the  great  northern  branch  of  the  Columbia  river,  the 
navigation  of  the  said  branch  shall  be  liree  and  open  to  the  Hudson's  Bay  Com- 
pany and  to  all  British  subjects  trading  with  the  same,  to  the  point  where  the 
said  branch  meets  the  main  sticam  of  the  Columbia,  and  thence  down  the  said 
main  stream  to  the  ocean,  with  free  access  into  and  through  the  said  river  or 
rivers ;  it  being  understood  that  all  the  usual  portages  along  the  line  thus  de- 
scribed shall  in  like  manner  be  free  and  open.  In  navigating  the  said  river  or 
rivers,  British  subjects,  with  their  goods  and  produce,  shall  be  treated  on  the 
same  footing  as  citizens  of  the  United  States ;  it  being,  however,  always  under- 
stood that  nothing  in  this  Article  shall  be  construed  as  preventing,  or  intended 
to  prevent,  the  Government  of  the  United  States  from  making  any  regulations 
respecting  the  naviga*^"  jn  of  the  said  river  or  rivers,  not  inconsistent  with  the 
present  treaty. 

Art.  3.  In  the  future  appropriation  of  the  territory  south  of  the  forty-ninth 
parallel  of  north  latitude,  as  provided  in  the  first  Article  of  this  treaty,  the  pos- 
sessory rights  of  the  Hudson's  Bay  Company,  and  of  all  British  subjects  who  may 
be  already  in  the  occupation  of  land  or  other  property  lawfully  acquired  within 
the  said  territory,  shall  be  respected. 

Art.  4.  The  farms,  lands,  and  other  property  of  every  description,  belong- 
ing to  the  Puget  Sound  Agricultural  Company,  on  the  north  side  of  the  Columbia 
river,  shall  be  conferred  to  the  said  company.  In  case,  however,  the  situation 
of  these  farms  and  lands  should  be  considered  by  the  United  States  to  be  of 
public  or  political  importance,  and  the  United  States  Government  should  sig- 
nify a  desire  to  obtain  possession  of  the  whole  or  in  part  thereof,  the  property  so 
required  shall  be  transferred  to  the  said  Government,  at  a  proper  valuation  to  be 
agreed  upon  between  the  parties. 

Art.  5.  The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  Her 
Britannic  Majesty ;  and  the  ratification  shall  be  exchanged  at  London  at  the  ex- 
piration of  six  months  from  the  date  thereof  or  sooner  if  possible. 

Done  at  Washington  the  fifteenth][day^of  June,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  forty -six. 

(Signed))  [L.  S.]  JAMES  BUCHANAN. 

(Signed)  [L.  S.[  RICHARD  PAKENHAM. 

The  following  are  inserted  at  this  place  instead  of  consecutive  date  for  the 
reason  that  there  was  no  mention  made  in  regard  to  the  subjects.  These  were 
what  might  be  termed  private  laws,  and  were  not  mentioned  in  any  of  the  treaty 
conventions,  and  it  was  not  supposed  that  they  were  to  be  extended  to  the  terri- 
tory in  joint  occupancy,  but  really  only  occupied  Ly  one  of  the  parties,  -t-nd  that 


1846 


i3o3 


PROVISIONAL  GOVERNMENT. 


23 


th  latitude 
tween  the 
tween  the 
all  be  con- 
to  the  mid- 
[sland,  and 
s  Straits  to 
hole  of  the 
atitude,  re- 

th  latitude 
river,  the 
Bay  Com- 
t  where  the 
m  the  said 
lid  river  or 
ne  thus  de- 
aid  river  or 
ited  on  the 
vays  under- 
or  intended 
regulations 
nt  with  the 

forty-ninth 
.ty,  the  pos- 
:ts  who  may 
lired  within 

ion,  belong- 
le  Columbia 
he  situation 
tes  to  be  of 
should  sig- 
property  so 
uation  to  be 

r  the  United 
and  by  Her 
n  at  the  ex- 

ar  Lord,  one 

NAN. 
ENHAM. 

date  for  the 
These  were 
)f  the  treaty 
to  the  terri- 
es, -ind  that 


party  claimed  the  extension  over  Oregon.  They  will  be  read,  I  have  no  doubt 
with  interest,  and  show  the  power  conferred  upon  the  Northwest  Company  of 
Montreal  and  the  Hudson's  Bay  Company,  and  of  thf.'ir  consolidation  to  the  latter 
named  company. 

Cap.  CXXXVIII, — An  Act  for  extending  the  jurisdiction  of ,  the  Courts  of  Jus- 
tice in  the  Provinces  of  Lower  and  Upper  Canada  to  the  trial  and  punish- 
ment of  persons  guilty  of  crimes  and  offenses  within  certain  parts  of  North 
.hnerica,  adjoining  to  the  said  Provinces  [iith  August,  /8oj]. 

"Whereas  crimes  and  offenses  have  been  committed  in  the  Indian  territories  and 
other  parts  of  America,  not  within  the  limits  of  the  provinces  of  Lower  and 
Upper  Canada,  or  either  of  them,  or  of  the  jurisdiction  of  any  of  the  courts 
established  in  these  provinces,  or  within  the  limits  of  any  civil  Government 
of  the  United  States  oi  America,  and  are  therefore  not  cognizable  by  any  jur- 
isdiction whatever,  and  by  reason  thereof  great  crimes  and  offenses  have 
gone,  and  may  hereafter  go  unpunished,  and  greatly  increase."  For  remedy 
whereof,  may  it  please  your  Majesty  that  it  may  be  enacted  by  the  King's 
most  excellent  Majesty,  by  and  with  the  advice  and  consent  of  the  Lord's 
Spiritual  and  Temporal,  and  Commons,  in  this  present  Parliament  assembled, 
and  by  the  authority  of  the  same,  That  from  and  after  the  passage  of  this 
Act,  all  offenses  committed  within  any  of  the  Indian  territories  or  parts  of 
America  not  within  the  limits  of  either  of  the  said  provinces  of  Lower  or 
Upper  Cattada,  or  of  any  civil  Government  of  the  United  States  of  America, 
shall  be,  and  be  deemed  to  be,  offenses  of  the  same  nature,  and  shall  be  tried  in 
the  same  manner  and  subject  to  the  same  punishment  as  if  the  same  had 
been  committed  within  the  provinces  of  Upper  or  Lower  Canada. 

II.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  the  Governor  or 
Lieutenant  Governor,  or  persons  idministering  the  Government  for  the  time 
being  of  the  province  oi  Lower  Canada,  by  commission  under  his  hand  and  seal, 
to  authorize  and  empower  any  person  or  persons  wheresoever  resident  or  being 
at  the  time,  to  act  as  civil  magistrates  and  justices  of  the  peace  for  any  of  the 
Indian  territories  or  parts  oi  America  not  within  the  limits  of  either  of  the  said 
provinces,  or  of  any  civil  Government  of  the  United  States  of  America,  as  well 
as  within  the  limits  of  either  of  the  said  provinces,  either  upon  information  taken 
or  given  within  the  said  provinces  of  Lower  or  Upper  Canada,  or  out  of  the  said 
provinces  in  any  part  of  the  Indian  territories  or  parts  oi  America  aforesaid,  for 
the  purpose  only  of  hearing  crimes  and  offenses,  and  committing  any  person  or 
persons  guilty  of  any  crime  or  offense  to  safe  custody,  in  order  to  his  or  their 
being  conveyed  to  the  said  province  oi  Lower  Canada,  to  be  dealt  with  according 
to  law  ;  and  it  shall  be  lawful  for  any  person  or  persons  whatever  to  apprehend 
and  take  before  any  person  so  commissioned  as  aforesaid,  or  to  apprehend  and 
convey,  or  cause  to  V)e  safely  conveyed  with  all  convenient  speed  to  the  province 
of  Lawer  Canada,  any  person  or  persons  guilty  of  any  crime  or  offense,  there  to 
be  delivered  into  safe  custody  for  the  purpose  of  being  dealt  with  according 
to  law. 

III.  And  be  it  further  enacted.  That  every  such  offender  may  and  shall  be 
prosecuted  and  tried  in  the  courts  of  the  provinces  of  Lower  Canada  (or  if  the 
Governor  or  Lieutenant  Governor,  or  person  administering  the  Government  for 
the  time  being,  shall,  from  any  of  the  circumstances  of  the  crime  or  offense,  or 
the  local  situation  of  any  of  the  witnesses  for  the  prosecution  or  defense,  think 
that  justice  may  more  conveniently  be  administered  in  relation  to  such  crime 


w^ 


I 


24 


brown's  political  history. 


I82I 


or  offense  in  the  province  of  Upper  Canada,  and  shall  by  any  instrument  under 
the  great  seal  of  the  province  of  Lower  Canada,  declare  the  same,  then  that  every 
such  offender  may  and  shall  be  prosecuted  and  tried  in  the  court  of  the  province 
of  Upper  Canada,)  in  which  crimes  or  offenses  of  the  like  nature  are  usually 
tried,  and  where  the  same  would  have  been  tried  if  such  crime  or  offense  had 
been  commited  within  the  limits  of  the  province  where  the  same  shall  be  tried 
under  this  act ;  and  every  oflFender,  tried  and  convicted  under  this  act,  shall  be 
liable  and  subject  to  such  punishment  as  may  by  any  law  in  force  in  the  province 
where  he  or  she  shall  be  tried  be  inflicted  for  such  crime  or  offense  ;  and  such 
crime  or  pffense  may  and  shall  be  laid  and  charged  to  have  been  committed 
within  the  jurisdiction  of  such  court,  and  such  court  may  and  shall  proceed 
therein  to  trial,  judgment  and  execution,  or  other  punishment  for  such  crime  or 
oflFense,  in  the  same  manner  in  every  respect  as  if  such  crime  or  offense  had  been 
really  committed  within  the  jurisdiction  of  such  court ;  and  it  shall  also  be  law- 
ful for  the  judges  and  other  officers  of  the  said  courts  to  issue  subpoenas  and 
other  processes  for  enforcing  the  attendance  of  witnesses  on  any  such  trial ;  and 
such  subpoenas  and  other  processes  shall  be  valid  and  effectual,  and  be  in  full 
force  and  put  in  execution  in  any  ports  of  the  Indian  territories,  or  other  ports  of 
America  out  of  and  not  within  the  limits  of  the  civil  Government  of  the  United 
States  oi  America,  as  well  as  within  the  limits  of  either  of  the  said  provinces  of 
Lower  or  Upper  Canada,  in  relation  to  the  trial  of  any  crimes  or  offenr.es  by  this 
act  made  cof  zable  in  such  court,  or  to  the  more  speedily  and  eflFectually  bring- 
ing any  offender  or  offenders  to  justice  under  this  act,  as  fully  and  amply  as  any 
subpoenas  or  other  processes  are,  within  the  limits  of  the  jurisdiction  of  the  court 
from  which  any  such  subpoenas  or  processes  shall  issue  as  aforesaid  ;  any  act  or 
acts,  law  or  laws,  custom,  usage,  matter  or  thing  to  the  contrary  notwith- 
standing. 

IV.  Provided  always,  and  be  it  further  enacted,  That  if  any  crime  or 
offense  charged  and  prosecuted  under  thii3  act,  shall  be  proved  to  have  been  com- 
mitted by  any  person  or  persons  not  being  a  subject  or  subjects  of  his  Majesty, 
and  also  within  the  limits  of  any  colony,  settlement  or  territory  belonging  to  any 
European  State,  the  court  before  which  such  prosecution  shall  be  had,  shall 
forthwith  acquit  such  person  or  persons,  not  being  such  subject  or  subjects  as 
aforesaid,  of  such  charge. 

V.  Provided,  nevertheless,  That  it  shall  and  may  be  lawful  for  such  court  to 
proceed  in  the  trial  of  any  other  person,  being  a  subject  or  subjects  of  His 
Majesty,  who  shall  be  charged  with  the  same  or  any  other  ofiense,  notwithstand- 
ing such  offense  shall  appear  to  have  been  committed  within  the  limits  of  any 
colony,  settlement  or  territory  belonging  to  any  European  State  as  aforesaid. 
{Extended  to  the  Hudson's  Bay  Company,  see  ist  and  2nd  G.  IV,  c  66. 

ORGANIZATION   OF  THE  OREGON  TERRITORY. 

THE   BRITISH   OREGON   LAW. 

The  following  act  of  the  British  Parliament  was  passed  the  2nd  day  of  July,  in 
the  year  1821,  entiled  "  An  act  for  regulatiig  thr  fur  trade,  and  establishing  a  civil 
and  criminal  jurisdiction  in  certain  parts  of  North  Am.'rica." 

AN  ACT  for  regulating  the  fur  trade,  and  establishing  a  criminal  and  civil  jur- 
isdiction, within  certain  parts  of  North  America. 

"  Whereas,  the  competition  in  the  fur  trade  between  the  Governor  and  Company 
of  Adventurers  of  England  trading  into  Hudson's  Bay,  and  certain  associations 


l82I 


I82I 


PROVISIONAL  GOVERNMENT, 


25 


nent  under 

that  every 

e  province 

are  usually 

Dffense  had 

all  be  tried 

ct,  shall  be 

he  province 

and  such 

committed 

all  proceed 

oh  crime  or 

se  had  been 

also  be  law- 

)pcEnas   and 

h  trial ;   and 

id  be  in  full 

ther  ports  of 

r  the  United 

provinces  of 

:nF.es  by  this 

ually  bring- 

niply  as  any 

of  the  court 

;  any  act  or 

iry  notwith- 

ly  crime  or 
/e  been  com- 
his  Majesty, 
nging  to  any 
e  had,  shall 
■  subjects  as 

mch  court  to 
jjects  of  His 
otwithstand- 
imits  of  any 
IS  aforesaid. 
6. 


ly  of  July,  in 
ishing  a  civil 

nd  civil  jur- 

ad  Company 
I  associations 


of  per- ens  trading  under  the  name  of  '  The  North  West  Company  of  Montreal,' 
has  been  found,  for  some  years  past,  to  be  productive  of  great  inconvenience 
and  loss,  not  only  to  the  said  company  and  associations,  but  to  the  said  trade 
in  general,  and  also  of  great  injury  to  the  native  Indians,  and  of  other  per- 
sons, subjects  of  His  Majesty  ;  And  whereas,  the  animosities  and  feuds,  arising 
from  such  competition  have  also  for  some  years  past  kept  the  interior  of  Amer- 
ica, to  the  northward  and  westward  of  the  provinces  of  Upper  and  Lower  Can- 
ada, and  the  territories  of  the  United  States  of  America,  in  a  state  of  continued 
disturbance ;  And  whereas,  many  breaches  oi  the  peace  and  violence  extend- 
ing to  the  loss  of  lives,  and  considerable  destruction  of  property,  have  contin- 
ually occurred  therein  ;  And  whereas,  for  remedy  of  such  evils,  it  is  expedient 
and  necessary  that  some  more  effectual  regulations  should  be  established  for 
the  apprehending,  securing  and  bringing  to  justice  all  persons  committing 
such  offences,  and  that  His  Majesty  should  be  empowered  to  regulate  the  said 
trade ;  And  whereas,  doubts  have  been  entertained,  whether  the  provisions  of 
an  act  passed  in  the  forty-third  year  of  the  reign  of  his  late  Majesty  King 
George  the  Third,  entitled  '  An  act,  for  extending  the  jurisdiction  of  the  courts 
of  justice  in  the  provinces  of  Lower  and  Upper  Canada,  to  the  trial  and  pun- 
ishment of  persons  guilty  of  crimes  and  offences  within  certain  parts  of  North 
America,  adjoining  to  the  said  provinces,  extending  to  the  territories  granted 
by  charter  to  the  said  Governor  and  Com'-any;'  and  it  is  expedient  that 
such  doubts  should  be  removed,  and  that  l  le  said  act  should  be  further  ex- 
tended : 

Be  it  therefore  enacted  by  the  King's  most  excellant  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lord's  spiritual  and  temporal,  and  Commons,  in  this 
present  Parliament  assembled,  and  by  the  authority  of  the  same.  That  from  and 
after  the  passage  of  this  act,  it  shall  be  lawful  for  His  Majesty,  his  heirs  or  succes- 
sors, to  make  grants  or  give  his  royal  license,  under  the  hand  and  seal  of  one  of 
His  Majesty's  principal  Secretaries  of  State,  to  anybody,  corporate,  or  company, 
or  person  or  persons,  of  or  for  the  exclusive  privilege  of  trading  with  the  Indians 
in  all  parts  of  North  America  as  shall  be  specified  in  anj'  such  grants  or  licenses 
respectively,  not  being  part  of  the  lands  or  territories  heretofore  granted  to  ihe 
said  Governor  and  Company  and  adventurers  of  England  trading  to  Hudson's  Bay, 
and  not  being  part  of  any  of  His  Majesty's  provinces  in  North  America,  or  of  any 
lands  or  territories  belonging  to  the  United  States  of  America  ;  and  all  such  grants 
and  licenses  shall  be  good,  valid  and  effectual  for  the  purpose  of  securing  to  all 
such  bodies  of  corporate,  or  companies,  or  persons,  the  sole  and  exclusive  privi- 
lege of  trading  with  the  Indians  in  all  such  parts  of  North  America,  (except  as 
hereinafter  excepted)  as  shall  be  specified  in  such  grants  or  licenses ;  anything 
contained  in  any  act  or  acts  of  Parliament,  or  any  law  to  the  contrary,  notwith- 
standing. 

II.  Provided  always,  and  be  it  further  enacted.  That  no  such  grant  or 
license,  made  or  given  by  His  Majesty,  his  heirs  or  successors,  of  any  such  exclu- 
sive privileges  of  trading  with  the  Indians  in  such  parts  of  North  America  as 
aforesaid,  shall  be  made  or  given  for  any  longer  period  than  twenty-one  years  ; 
and  no  rent  shall  be  required  or  demanded  for  or  in  respect  of  any  such  grant  or 
license,  or  any  privileges  given  thereby  under  the  provisions  of  this  act,  for  the 
first  period  of  twenty-one  years  ;  and  from  and  after  the  expiration  of  such  first 
period  of  twenty-one  years,  it  shall  be  lawful  for  His  Majesty,  his  heirs  or  suc- 
cessors, to  reserve  such  rents  in  any  future  grants  or  licenses  to  be  made  to  the 
same  or  any  other  parties,  as  shall  be  deemed  just  and  reasonable,  with  security 


/ 


Hi ! 


I 


26 


brown's  poutical,  history. 


1821 


for  the  payment  thereof ;  and  such  rents  shall  be  deemed  part  of  the  land  rev- 
enues of  His  Majesty,  his  heirs,  and  successors,  and  be  applied  and  accounted  for 
as  the  other  land  revenues  of  His  Majesty,  his  heirs  or  successors,  shall,  at  the 
time  of  payment  of  any  such  rent  being  made,  be  applied  and  accounted  for. 

ni.  And  be  it  further  enacted,  That  from  and  after  the  passing  of  this  act, 
the  Govemor^and  Company  of  Adventurers  trading  at  Hudson's  Bay,  and  every- 
body corporate  and  company,  and  person,  to  virhom  such  grant  or  license  shall  be 
made  or  given,  as  aforesaid,  shall  respectively  keep  accurate  registers  of  all  per- 
sons in  their  employ  in  any  part  of  North  America,  and  shall,  once  in  each  year, 
return  to  His  Majesty's  Secretaries  of  State  accurate  duplicates  of  such  registers, 
and  shall  also  enter  11.10  such  security  as  shall  be  required  by  His  Majesty  for  the 
due  execution  of  all  processes,  criminal  and  civil,  as  well  within  the  territories 
included  in  any  such  grant,  as  within  those  granted  by  charter  to  the  Governor 
and  Company  of  Adventurers  trading  to  Hudson's  Bay  and  for  the  producing 
or  delivering  into  safe  custody,  for  purpose  of  trial,  of  all  persons  in  their  em- 
ploy or  acting  under  their  authority,  who  shall  be  charged  jwith  any  criminal 
offense,  and  also  for  the  due  and  faithful  observance  of  all  such  rules,  regulations 
and  stipulations  as  shall  be  contained  in  any  srch  grant  or  license,  either  for 
diminishing  or  preventing  the  sale  or  distribution  of  spirituous  liquors  to  the  In- 
dians, or  j|for  promoting  their  moral  or  religious^iniprovement,  or  for  any  other 
object  which  His  Majestj'  may  deem  necessary  for  the  remedy  or  prevention  of 
the  other  evils  which  have  hitherto  been  found  to^exist. 

IV.  And  whereas,  by  a  convention  entered  into  between  His  Majesty  and 
the  United  States  of  America,  it  was  stipulated  and  agreed,  that  any  country  on 
the  northwest  coast  of  America,  to  the  westward  of  the  Stony  mountains,  should 
be  free  and  open  to  the  citizens  and  subjects  of  the  two  Powers,  for  the  term  of 
ten  years  from  the  date  of  the  signature  of  that  convention.  Be  it  there/ore  en- 
acted. That  nothing  in  this  act  contained  shall  be  deemed  or  construed  to  author- 
ize anybody  corporate,  company  or  person,  to  whom  His  [Majesty  may  have, 
under  the  provisions  of  this  act,  made  a  grant  or  given  a  license  of  exclusive 
trade  with  the  Indians  in  such  parts  of  North  America,  as  aforesaid,  to  claim  or 
exercise  any  such  exclusive  trade  within  the  limits  specified  in  the  said  article,  to 
the  prejudice  or  exclusion^of  any  citizens  of  said  United  States  of  America,  who 
may  be  engaged  in  the  said  trade  :  Provided  always,  That  no  British  subject 
shall  trade  with  the  Indians  within  such  limits  without  such  grant  or  license  as  is 
by  this  act  required. 

V.  And  be  it  declared  and  enacted,  That  the  said  |act  passed  in  the  forty- 
third  year]  of  the  reign  of  his  late  Majesty,  entitled  an  act  for  extending  the 
jurisdiction  of  the  courts  of  justices  in  the  provinces  of  Lower  and  Upper 
Canada,  to  the  trial  and  punishment  of  persons  guilty  of  crimes  and  offenses 
within  certain  parts  of  NorthJ America  adjoining  to  the  said  provinces,  and  all 
the  clauses  and  provisos  therein  contained,  shall  be  deemed  and  construed,  and 
it  is  and  are  hereby  respectively  declared,  to  extend  to  and  over,  and  to  be  in 
full  force  in  and  through  all  the  territories  heretofore  granted  to  the  Company  of 
Adventurers  of  England  trading  to  Hudson's  Bay  ;  anything  in  any  act  or  acts  of 
Parliament,  or  this  |act,  or  in  any  grant  or  charter  to  the  company,  to  the  con- 
trary notwithstanding. 

VI.  And  be  it  further  enacted.  That  from  and  after  the  passage  of  this  act, 
the  courts  of  judication  now  |existing,  or  which  may  be  hereafter  established  in 
the  province  of  Upper  Canada,  shall  have  the  same  civil  jurisdiction,  power  and 
authority,  as  well  in  the  cognizance  of  suits,  as  in  the  issuing  process,  mesne  and 


] 


I82I 


I82I 


PROVISIONAL   GOVERNMENT. 


27 


e  land  rev- 
:couiited  for 
ihall,  at  the 
ed  for. 
of  this  act, 
,  and  every- 
nse  shall  be 
of  all  per- 
il each  year, 
ch  registers, 
esty  for  the 
e  territories 
le  Governor 
e  producing 
n  their  em- 
my  criminal 
,  regulations 
ie,  either  for 
rs  to  the  In- 
or  any  other 
revention  of 

Majesty  and 
y  country  on 
tains,  should 
r  the  term  of 
therefore  en- 
ed  to  author- 
y  may  have, 

of  exclusive 
1,  to  claim  or 
lid  article,  to 
America,  who 
dtish  subject 
r  license  as  is 

in  the  forty- 
Ktending  the 
r  and  Upper 
and  offenses 
uces,  and  all 
>nstrued,  and 
md  to  be  in 
!  Company  of 
act  or  acts  of 
,  to  the  con- 

e  of  this  act, 
stablished  in 
1,  power  and 
s,  mesne  and 


5 


final,  and  in  all  other  respects  whatsoever,  within  the  said  Indian  territories, 
and  other  parts  of  America  not  within  the  limits  of  either  of  the  provinces  of 
Lower  or  Upper  Canada,  or  of  any  civil  Government  of  the  United  States,  as  the 
said  courts  have  or  are  invested  with,  within  the  limits  of  the  said  provinces  of 
Lower  or  Upper  Canada,  respectively  ;  and  that  all  and  every  contract,  agree- 
ment, debt,  liability  and  demand  whatsoever,  made,  entered  into,  incurred,  or 
arising  within  the  said  Indian  territories  and  other  parts  of  America ;  and  all 
and  every  wrong  and  injury  to  the  person  or  to  property,  real  or  personal,  com- 
mitted or  done  within  the  same,  shall  be  and  be  deemed  to  be  of  the  same 
nature,  and  be  cognizable  by  the  same  courts,  magistrates,  or  justices  of  the 
peace,  and  be  tried  in  the  same  manner,  and  subject  to  the  same  consequences, 
in  all  resi)ects,  as  if  the  same  had  been  made,  entered  into,  incurred,  arisen, 
committed  or  done  within  the  said  province  of  Upper  Canada  ;  anything  in  any 
act  or  acts  of  Parliament,  or  grant  or  charter,  to  the  contrary  notwithstanding  : 
Provided  always,  That  courts  have  or  invested  with  within  the  limits  of  the  said 

all  such  suits  and  actions  relating  to  lands,  or  to  any  claims  in  respect  to 

lands  not  being  within  the  province  of  Upper  Canada,  shall  be  decided  accord- 
ing to  the  laws  of  that  part  of  the  United  Kingdom  called  England,  and  shall 
not  be  subject  to  or  affected  by  any  local  act,  statues,  or  laws  of  the  legislature  of 
Upper  Canada. 

VII.  And  be  it  further  enacted,  That  all  process,  writs,  orders,  judgments, 
decrees  and  acts  whatsoever,  to  be  issued,  made,  delivered,  given  and  done,  by 
or  under  the  authority  of  the  said  courts  or  either  of  them,  shall  have  the  same 
force,  authority  and  effect  within  the  said  Indian  territory,  and  other  parts  of 
America,  as  aforesaid,  as  the  same  now  have  wjthin  the  said  province  of  Upper 
Canada. 

VIII.  And  be  it  further  enacted,  thsX  it  shall  be  lawful  for  the  Governor, 
or  Lieutenant  Governor,  or  person  administering  the  Government,  for  the  time 
being,  of  Lower  Canada,  by  commission  under  his  hand  and  seal,  to  authorize 
all  persons  who  shall  be  appointed  justices  of  the  peace  under  the  provisions  of 
this  act,  within  the  said  Indian  territories,  or  other  parts  of  America,  as  afore- 
said, or  any  other  person  who  shall  be  specially  named  in  such  commission,  to 
act  as  a  commissioner  within  the  same,  for  the  purpose  of  executing,  enforcing, 
and  carrying  into  effect,  all  such  process,  writs,  orders,  judgments,  decrees  and 
acts,  which  shall  be  issued,  made,  delivered,  given,  or  done  by  the  said  courts  of 
judication,  and  which  may  require  to  be  enforced  and  executed  within  the  said 
Indian  territories  ;  or  such  other  parts  of  North  America  as  aforesaid  ;  and  in 
case  any  person  or  persons,  whatsoever,  residing  or  being  within  the  said  Indian 
territories,  or  such  other  parts  of  America  as  aforesaid,  shall  refuse  to  obey  or 
perform  any  such  process,  writ,  order,  judgment,  decree  or  act  of  said  court,  or 
shall  resist  or  oppose  the  execution  thereof,  it  shall  and  may  be  lawful  for  the 
said  justices  of  the  peace  or  commissioner,  and  they  or  any  of  them  are,  and  is 
hereby,  required,  on  the  same  being  proved  before  him,  by  the  oath  or  affidavit  of 
one  credible  witness,  to  commit  the  said  person  or  persons  so  offending  as  aforesaid, 
to  custody,  in  order  to  his  or  their  being  conveyed  to  Upper  Canada  ;  and  that  it 
shall  be  lawful  for  any  such  justice  of  the  peace  or  commissioner,  or  any  person 
or  persons  acting  under  his  authority,  to  convey,  or  cause  to  be  conveyed,  such 
person  or  persons  so  offending  as  aforesaid  to  Upper  Canada,  in  pursuance  of 
such  process,  writ,  order,  decree,  judgment  or  act ;  and  such  person  and  persons, 
shall  be  committed  to  jail  by  the  said  court,  on  his,  her  or  their  being  so  brought 
into  the  said  province  of  Upper  Canada,  by  which  such  process,  writ,  order,  de- 


fll'lli 


I  i' 


I 
.1'  lll 

i  I 


a8 


brown's  political  history. 


I82I 


cree,  judgment,  or  act  was  issued,  made,  delivered,  given  or  do.  »,  until  a  final 
judgment  or  decree  shall  have  been  pronounced  in  such  suit,  and  suall  have  been 
duly  performed ;  and  all  costs  paid,  in  case  such  person  or  persons  shall  be  a 
party  or  parties  in  such  suit,  or  until  the  trial  of  such  suit  shall  have  been  con- 
cluded, in  case  such  person  or  persons  shall  be  a  witness  or  witnesses  therein  : 
Provided  always,  That  if  any  person  or  persons  so  apprehended  as  aforesaid  shall 
enter  into  a  bond  recognizance  to  any  such  justice  of  the  peace  or  commissioner, 
with  two  sufficient  sureties,  to  the  satisfaction  of  such  justice  of  the  peace  or 
commission,  or  the  said  courts,  commissioned  to  obey  and  perform  such  process, 
writ,  order,  judgment,  decree,  or  act,  as  aforesaid,  then  and  in  such  case  it  shall 
and  may  be  lawful  for  the  said  justice  of  the  peace  or  commissioner,  or  the  said 
courts,  to  discharge  such  person  or  persons  out  of  custody, 

IX.  And  be  it  further  enacted,  That  in  case  such  person  or  persons  shall  net 
perform  and  fulfill  the  condition  or  conditions  of  such  recognizance,  then  and  in 
such  case  it  shall  and  may  be  lawful  for  any  such  justice  or  commissioner,  and 
he  is  hereby  required  to  assign  such  recognizance  to  the  plaintiff  or  plaintiffs,  in 
any  suit  which  such  process,  writ,  order,  decree,  judgment  or  act,  shall  have 
been  issued,  made,  delivered,  given  or  done,  who  may  maintain  an  action  in  the 
said  courts  in  his  own  name  against  the  said  sureties,  and  recover  against  such 
sureties  the  full  amount  of  such  loss  or  damage  as  such  plaintiff  shall  prove  to 
have  been  sustained  by  him,  by  reason  of  the  original  cause  of  action  in  respect 
of  which  such  process,  writ,  order,  decree,  judgment  or  acts  of  the  said  courts, 
were  issued,  made,  delivered,  given,  or  done,  as  aforesaid,  notwithstanding  any- 
thing contained  in  any  charter  granted  to  the  said  Governor  and  Company  of 
Adventurers  of  England  trading  to  Hudson's  Bay. 

X.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  His  Majesty,  if  he 
shall  deem  it  convenient  so  to  do,  to  issue  a  commission  or  commissions  to  any 
person  jr  persons  to  be  and  act  as  justice  of  the  peace  within  such  parts  of 
Amerir  a  a  i  aforesaid,  as  well  within  any  territories  heretofore  granted  to  the 
CompfiTiy  of  Adventurers  of  England,  trading  to  Hudson's  Bay,  as  within  the 
Ind'a.i  » orritories  of  such  other  parts  of  America  as  aforesaid ;  that  it  shall  be 
lawful  lor  the  court  in  the  province  of  Upper  Canada,  in  any  case  in  which  it 
shall  appear  expedient  to  have  any  evidence  taken  by  commission,  or  any  facts 
or  issue,  or  any  cause  or  suit  ascertained,  to  issue  a  commission  to  any  three  or 
more  of  such  justices  to  take  such  evidence,  and  return  the  same,  or  try  such 
issue,  and  for  that  purpose  to  hold  courts,  and  to  issue  subpoenas  or  other 
processes  to  compel  attendance  of  plaintiffs,  defendant,  jurors,  witnesses,  and  all 
other  persons  requisite  and  essential  to  the  execution  of  the  several  purposes  for 
which  such  commissions  had  issued,  and  with  the  like  power  and  authority  are 
vested  in  the  courts  of  the  said  province  of  Upper  Canada  ;  and  any  order,  ver- 
dict, judgment,  or  decree,  that  shall  be  made,  found,  declared,  or  published,  by 
or  before  any  court  or  courts  held  under  and  by  virtue  of  such  commissions,  shall 
be  considered  to  be  of  full  effect,  and  enforced  in  like  manner,  as  if  the  same 
had  been  made,  found,  declared,  or  published,  within  the  jurisdiction  of  the 
court  of  the  said  province  ;  and  at  the  time  of  issuing  such  commission  or  com- 
missions shall  be  declared  the  place  or  places  where  such  commission  is  to  be 
opened,  and  the  courts  and  proceedings  thereunder  held  ;  and  it  shall  be  at  the 
same  time  provided  how  and  by  what  means  the  expenses  of  such  commission, 
and  the  execution  thereof,  shall  be  raised  and  provided  for. 

XI.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  His  Majesty, 
-notwithstanding  anything  contained  in  this  act,  or  in  any  charter  granted  to  the 


J 


J 


i863 


PROVISIONAL  GOVERNMENT. 


99 


said  Governor  and  Company  of  Adventurers  of  England  trading  to  Hudson's 
Bay,  irom  time  to  time,  by  any  commission,  under  the  great  seal,  to  authori/.e 
and  empower  any  such  persons  so  appointed  justices  of  the  peace  as  afores&°  '.,  t» 
sit  and  hold  courts  of  rtcord  for  the  trial  of  criminal  offenses  and  misdemeanors, 
and  also  of  civil  causes  ;  and  it  shall  be  lawful  for  His  Majesty  to  order,  direct, 
and  authorize  the  appointment  of  proper  officers  to  act  in  aid  of  such  courts  and 
justices,  in  any  such  commission  ;  anything  in  this  act  or  in  any  charter  oi"  che 
Governor  and  Company  of  Merchant  Adventurers  of  England  trading  to  Hud- 
son's bay,  to  the  contrary  notwithstanding. 

XII.  Provided,  always,  and  be  it  further  enacted,  That  such  courts  shall 
be  constituted,  as  to  the  number  of  justices  to  preside  theiv'n.  and  as  to  such 
places  within  the  said  territories  of  the  said  company,  or  any  Indian  territories, 
or  other  parts  of  North  America,  as  aforesaid,  and  the  times  and  manner  of 
holding  the  same  as  His  Majesty,  shall  from  time  to  time  order  and  direct;  but 
shall  not  try  any  offender  upon  any  charge  or  indictment  for  any  felony  made  the 
subject  of  capital  punishment,  or  for  any  off"ense  or  passing  sentence  affecting  the 
life  of  any  offender  or  adjudge  or  cause  any  offender  to  suffer  capital  punishment 
or  transportation,  or  take  cognizance  of  or  try  any  civil  action  or  suit,  in  which 
the  cause  of  such  suit  or  action  shall  exceed  in  value  the  amount  or  sum  of  two 
hundred  pounds ;  and  in  every  case  of  any  offense  subjecting  the  person  commit- 
ting the  same  to  capital  ]i  mishment  or  transportation  the  court,  or  any  judge  of 
such  court,  or  any  justice  or  justices  of  the  peace,  before  whom  any  si'ch  offiender 
shall  be  brought,  shall  commit  such  offender  to  safe  custody,  and  cause  such 
offiender  to  be  sent  in  such  custody  for  trial  in  the  court  of  the  province  of  Upper 
C.-nada. 

XIII.  And  be  it  further  enacted.  That  all  judgments  given  in  any  civil  suit 
shall  hi  subject  to  appeal  to  His  Majesty  in  Council,  in  like  manner  as  in  other 
cases  in  His  Majesty's  province  of  Uppei  Canada,  and  also  in  any  case  in  which 
the  right  or  title  to  any  land  shall  be  in  question. 

XIV.  And  be  it  further  enacted,  That  nothing  in  this  act  contained  shall 
be  taken  or  construed  to  affect  any  right,  privilege,  authority  or  jurisdiction > 
which  the  Governor  and  Company  of  Adventurers  trading  to  Hudson's  Bay  are 
by  1  w  entitled  to  claim  and  exercise  under  their  charter;  but  that  all  such  rights^ 
pr.  -  it'  jes,  authorities  and  jurisdictions,  shall  remain  in  as  full  force,  virtue,  and 
eti"„ct  as  if  this  act  had  never  been  7iiade,  anything  in  this  act  to  the  contrary 
notwithstanding. 


AWARD.  1 

At  a  meeting  of  the  commissioners  under  the  treaty  of  Jul)'  ist,  1863,  between 
the  United  States  of  America  and  His  Britannic  Majesty,  for  the  final  settlement 
of  the  claims  of  the  Hudson's  Bay  and  Puget''^  Sound  Agricultural  Companies, 
held  at  the  city  of  Washington,  on  the  loth  of  September,  1869.  Present ; 
Alexander  S.  Johnson,  Commissioner  on  the  part  of  the  United  States  of  Am- 
erica ;  John  Ross,  Commissioner  on  the  part  of  His  Britannic  Majesty.  The 
Commissioners  having  heard  the  allegations  and  proofs  of  the  respective  parties, 
and  the  arguments  of  their  respective  counsel,  and  duly  considered  the  same,  do 
determine  and  award  that,  as  the  adequate  money  consideration  for  the  transfer 
to  the  United  States  of  America  of  all  the  possesory  rights  and  claims  of  the 
Hudson's  Bay  Company,  and  of  the  Puget's  Sound  Agricultural  Company,  under 


I  According  to  a  treaty  of  1863,  founded  on  Art.  IV  of  treaty  of  1846. 


r 


r 
:,  i, 


!l! 


I 


30 


brown's  poutical  history. 


I87I 


the  first  article  of  the  treaty  of  July  ist,  1863,  and  the  third  and  fourth  article  sof 
the  treaty  of  June  15,  1846,  commonly  called  the  Oregon  treaty,  and  in  full  satis- 
faction of  such  rights  and  claims,  there  ought  to  be  paid  in  gold  coin  by  the 
United  States  of  America,  at  the  times  and  in  the  manner  provided  by  the  fourth 
article  of  the  treaty  of  July  ist,  1863,  on  account  of  the  possessory  rights  and 
claims  of  the  Hudson's  Bay  Company,  four  hundred  and  fifty  thousand  dollars  ; 
and  on  the  account  of  the  possessory  rights  end  claims  of  the  Puget's  Sound 
Agricultural  Company,  the  sum  of  two  hundred  thousand  dollars ;  and  that  at 
or  before  the  time  fixed  for  the  first  payment  to  be  made  in  pursuance  of  the 
treaty  and  of  this  award,  each  of  the  said  companies  do  execute  and  deliver  to 
the  United  States  of  America  a  sufficient  deed  or  transfer  and  release  to  the 
United  States  of  America,  substantially  in  the  form  hereunto  annexed. 

In  testimony  whereof  we,  the  said  Commissioners,  have  set  our  hands  to  this 
award  in  duplicate,  on  the  day  and  year  and  at  the  place  aforesaid. 

ALEXANDER  S.  JOHNSON, 
Commissioner  on  the  part  of  the  United  States. 
JOHN  ROSS, 
Commissioner  on  the  part  of  Her  Britannic  Majesty. 


I 

I 

I   ! 


Award  of  the  Emperor  of  Germany  under  the  XXXIVth  Article  of  the  Treaty 
of  May  8,  i8ji,  giving  the  island  of  San  fuan  to  the  United  States. 

[  Translated  ] 

We,  William,  by  the  grace  of  God,  Gern  an  Emperor,  King  of  Prussia,  etc., 
etc.,  etc. 

After  examination  of  the  treaty  concluded  at  Washington  on  the  6th  of 
May,  1871,  between  the  Governments  of  Her  Britannic  Majesty  and  of  the 
United  States  of  America,  according  to  which  the  said  Governments  have  sub- 
mitted to  our  Arbitration  the  question  at  issue  between  them,  whether  the 
boundary  line  which,  according  to  the  treaty  of  Washington  of  June  15,  1846, 
after  being  carried  westward  along  the  forty-ninth  parallel  of  north  latitude  l;o 
the  middle  of  the  channel  which  separates  the  continent  from  Vancouver's 
Island  is  thence  to  be  drawn  southerly  through  the  middle  of  the  said  channel 
and  of  the  Fuca  Straits  to  the  Pacific  ocean,  should  be  drawn  through  the 
Rosario  Channel  as  the  Government  of  Her  Britannic  Majesty  claims,  or  through 
the  Haro  Channel  as  the  Goveninieiit  of  the  United  States  claims ;  to  the  end 
that  we,  may  finally  and  without  appeal  decide  which  of  these  claims  is  most  in 
accordance  with  the  true  interpretation  of  the  treaty  of  J    .■    15,  1846. 

After  hearing  the  report  made  to  us  by  the  experts  and  jurists  summoned 
by  us  upon  the  contents  of  the  interchanged  memorial  and  their  appendices, 
have  decreed  the  following  award  : 

Most  in  accordance  with  the  true  interpretations  of  the  treaty  concluded  on 
the  istliof  June,  1846,  between  the  Governments  of  Her  Britannic  Majesty  and 
of  the  United  States  of  America,  is  the  claim  of  the  Government  of  the  United 
States  that  the  boundary  line  between  the  territories  of  Her  Britannic  Majesty 
and  the  United  States  should  be  drawn  through  the  Haro  Channel. 

Authenticated  by  our  autographic  signature  and  the  impression  |of  the  im- 
perial great  seal. 

Given  at  Berlin,  October  the  21st,  1872, 

[Seai,.]  WILLIAM. 


I87I 


PROVISIONAL   GOVERNMENT. 


3? 


lands  to  this 


Prussia,  etc., 


n  'of  the  im- 


VILLIAM, 


The  undetermined  boundary  line  between  the  old  province  of 
Louisiana  and  the  British-American  possessions,  the  provisions  con- 
cerning which  defeated  Rufus  King's  Treaty  of  1803,  presented  itself 
again  after  the  peace  of  48 14.  It  was  settled,  temporarily,  in  the 
treaty  of  18  r  8,  by  on  agreeing  that  the  49th  parallel  should  be  the 
boundary  from  the  Lake  of  the  Woods  to  the  Rocky  mountains, 
and  that  the  territory  west  of  the  Rocky  mountains  should  be  occu- 
pied jointly  for  the  term  of  ten  years.  Fort  George  (Astoria),  on  the 
Columbia  river,  which  had  been  withheld  from  the  United  States,  in 
admitted  violation  of  the  provisions  of  the  treaty  of  Ghent,  was  only 
formally  restored  to  them. 

Negotiations  were  opened  at  London  in  1823,  on  the  motion  of  the 
United  States,  for  settling  this  boundary,  but  they  came  to  a  close 
without  any  treaty  or  other  engagement  having  been  concluded.  The 
British  plenipotentiaries  proposed  the  "49th  parallel  to  the  point 
where  it  strikes  the  northernmost  branch  of  the  Columbia  and  thence 
down  along  the  middle  of  the  Columbia  to  the  Pacific  ocean,"  Mr. 
Rush  refused  this,  and  proposed  the  49th  parallel  to  the  Pacific.  The 
British  plenij  otentiary  rejected  this  and  made  no  new  proposal  in  re- 
turn. In  182  >,  negotiations  were  resumed  on  the  suggestion  of  the 
British  Government.  Lord  Canning  inquired  of  Rufus  King,  then 
Minister  at  London,  whether  he  was  provided  with  instructions  for 
their  resumption.  Mr.  King,  who  was  on  the  eve  of  leaving  London, 
replied  that  he  had  been  expecting  special  instructions,  and  immedi- 
ately transmitted  the  correspondence  to  Washington.  Mr.  Clfiy,  then 
Secretary  of  State,  instructed  Albert  Gallatin,  Mr.  King's  successor, 
that  the  President  could  not  consent  that  the  boundary  should  be 
south  of  49°.  Mr.  Gallatin  attempted  to  conclude  a  convention  on 
that  basis,  but  the  attempt  proved  fruitless  and  the  convention  closed 
August  6,  1827  by  an  'indefinite  extension  on  twelve  months'  notice 
by  either  party.  Congress  by  a  resolution  passed  April  27,  1846, 
authorized  the  President,  "at  his  discretion,  to  give  the  notice  re- 
quired for  the  abrogation  of  the  convention."  On  June  15th  follow- 
ing a  treaty  was  concluded  at  Washington,  setting  the  boundary 
on  the  49th  parallel,  "  to  the  middle  of  the  channel  which  separates 
the  continent  from  Vancouver's  Island,  thence  southerly,  through  the 
middle  of  said  channel  of  Fuca's  Straits,  to  the  Pacific  ocean."  The 
motives  and  purposes  of  the  United  States  are  set  forth  in  a  confi- 
dential document  submitted  to  the  Senate  with  the  treaty  of  iHji. 

iPoreig:!!  Relations,  4  vol. 


I  ;' 


!  i 


li 


32 


brown's  political  history. 


I87I 


They  were  ' '  so  far  to  depart  from  the  49th  parallel  as  to  leave  the 
whole  of  Quadra  and  Vancouver's  Island  to  England."  What  the 
British  Ministry  intended,  was  stated  by  Sir  Robert  Peel  in  the  House 
of  Commons  June  26.  1846.  "That  which  we  proposed  is  the  con- 
tinuation of  the  49th  parallel  of  latitude  till  it  strikes  the  Straits  of 
Fuca ;  that  that  parallel  should  not  be  continued  as  a  boundary  across 
Vancouver's  Island,  thus  depriving  us  of  a  part  of  Vancouver's  Island, 
but  that  the  middle  of  the  channel  shall  be  the  future  boundary,  thus 
leaving  us  in  possession  of  the  wholt  of  ^'^ancouver's  Island."  The 
reason  that  England  was  willing  to  U'CC': .  '^is  treaty,  was  that  during 
the  quarter  of  a  century  that  the  joii. .  occapancy  was  maintained,  that 
the  Hudson's  Bay  Company  had  stripped  the  country  of  fur-producing 
animals,  and  was  really  of  no  financial  worth  to  that  company,  and 
that  the  American  settlers  had  come  in  such  numbers  that  they  over- 
powered the  company  and  could  not  control  the  country  as  previous 
to  that  time.  But  this  company  succeeded  in  having  a  claim  inserted 
in  the  treaty,  that  greatly  recompensed  that  company  for  their  finan- 
cial loss,  and  that  was  to  pay  the  Puget  Sound  Agricultural  Company 
$200,000  ;  and  the  Hudson's  Bay  Company,  $450,000.  which  should 
be  considered  as  a  gift  to  that  powerful  company.  But  the  British 
Government  again  evinced  their  grasping  chsracteristics,  through 
Lord  Palmerston,  who  laid  claim  to  run  the  louudary  through  to 
Rosario  Straits,  and  embrace  San  Juan  Island  aJoui.  with  Vancouver 
Island.  This  claim  was  resisted  by  the  A  n-c  f;  ;r  settlers  on  San 
Juan  and  came  near  involving  the  two  nations  in  'ar,  but  the  matter 
was  left  to  arbitration  and  was  settted  by  Emperoi  Vi-iiam  as  already 
shown. 


i 


1 


I87I 


0  leave  the 
What  the 

1  the  House 
is  the  con- 

le  Straits  of 
tidary  across 
;^er's  Island, 
indary,  thus 
and."     The 

that  during 
itained,  that 
ir-producing 
jmpany,  and 
at  they  over- 

as  previous 
aim  inserted 

their  finan- 
ral  Company 
irhich  should 

the  British 
iics,  through 
i  through  to 
th  Vancouver 
ctlers  on  San 
ut  the  matter 
m  as  already 


Historical  Introduction. 


Gbnbrai<  reviuw  ok  discoveries  ;  Captains  Kendrick  and  Gray  ;  Gray's 

DISCOVERY  OF  THE  COLUMBIA  ;  JONATHAN  CaRVER  ;  HUDSON'S  BAY  COM- 
PANY ;  President  Jefferson  ;  Lewis  and  Clarke;  Astor'sFur  Company; 
Founding  of  Astoria  ;  Destruction  of  the  Tonquin  ;  Hunt's  expedi- 
tion ;  Congressional  proceedings  ;  Gen.  Jesup's  letters  ;  Mr.  Ash- 
ley's LETTER  ;  Merchant's  Journal  article  ;  Hall  J.  Kelly  ;  Captain 
Wyeth  ;  Methodist  Missionaries  ;  Whitman  and  Spalding  ;  Fort  Van- 
couver ;  W.  A.  Slacum  ;  Rwing  Young  ;  Cattle  company  ;  Memorial 
to  Congress  ;  Congressional;  Death  of  Mrs.  Lee;  Eastern  States  Me- 
morials; Arrival  of  THE  Lausanne;  Memorial  to  Congress;  Congress- 
ional ;  Hunt's  Merchant  Magazine,  with  log-book  of  Capt.  Gray  ; 
Early  settlers  of  French  Prairie  ;  Memorial  of  J.  Quinn  Thornton  ; 
Memorial  of  Mrs.  Gray. 


FROM  the  time  that  Cortez  conquered  Mexico,  eflforts  were  made 
by  the  maritime  nations  of  the  old  world  to  explore  the  secrets 
of  the  northwest  Pacific  coast.  Various  expeditions  were  fitted  out 
from  the  western  part  of  Mexico  to  reconnoiter  this  terra  incognita. 
That  portion  north  of  San  Francisco  with  its  shore  line  of  mountains 
lashed  by  wild,  angry  waves  was  entirely  unknown  to  the  early  and 
bold  navigators,  and  no  conception  could  be  formed  by  them  of  the 
beautiful  valleys  favored  with  salubrious  climate,  that  lay  only  a  bhort 
distance  from  them  as  they  sailed  along,  seeking  friendly  harbors  ;  and 
little  did  they  think  that  those  valleys  were  destined  to  become  the 
happy  homes  of  teeming  thousands  of  civilized  people. 

In  1539,  Ulla  coasted  along  the  shores  of  California  up  to  the  13° 
of  north  latitude,  and  he  was  followed  by  Cabillo  and  Ferrei-  in  1540, 
who  went  as  far  as  the  43".  Sir  Francis  Drake  between  the  years 
iSyS-So,  visited  the  coast,  but  it  is  doubtful  if  he  went  further  north. 
The  Viceroy  of  Mexico  in  1602  ordered  Viscaino  to  survey  the  co^st 
and  select  proper  locations  for  settlements.  The  latter  reached  Cape 
Blanco  and  discovered  two  harbors  —  Port  San  Diego  and  Monterey  — 
both  of  which  he  named.  By  his  death  in  1609,  all  of  the  projected 
settlements  fell  through.  For  about  one  hundred  and  fifty  years  ex* 
plorations  seem  to  have  ceased. 


■1     m 


I 
i 

: 

! 
\ 
i 

i 

I 

■Hi 


!! 


:ni|j 


34 


brown's  political  history. 


1787 


During  the  early  part  of  the  eighteenth  century  the  Jesuit  society 
settled  in  California  and  remained  until  1767,  when  they  were  expelled. 
The  Mexican  authorities  ordered  another  expedition  under  command 
of  Juan  Perez,  who  reached  the  16°  of  north  latitude  and  then  returned 
to  Monterey  whence  they  proceeded  north  as  far  as  49^°  and  en- 
tered Nootka  Sound.  The  Viceroy  sent  in  1775,  two  ships  under  the 
command  of  Heceta  and  Bodega,  who  reached  Fuca's  Straits,  where 
they  parted  ;  and  Heceta  on  returning  probably  discovered  the  mouth 
of  the  Columbia  river,  which  he  named  San  Roque,  and  immediately 
south  what  he  supposed  to  be  a  harbor  at  the  mouth  of  a  river.  Bo- 
dega continued  northwest  until  he  reached  the  58°  of  north  latitude 
and  named  several  bays.  Captain  James  Cook,  who  was  making  his 
second  voyage  in  1778  to  the  Arctic  ocean,  passed  the  Columbia  river 
without  seeing  it  and  ran  into  Nootka  Sound.  After  exploring  Behr- 
ing's  Straits  he  returned  and  went  to  the  Sandwich  Islands,  where  he  lost 
his  life  Feb.  16,  1778  and  thus  became  immortalized.  Captain  Clark, 
the  senior  oflBcer  assumed  command  of  the  expedition,  went  to  Petro 
Paulousk  and  through  Behring's  Straits,  but  ill  health  compelled  him 
to  return,  and  he  died  at  Petro  Paulousk.  The  command  then  fell 
upon  Captain  John  Gore,  and  he  determined  to  return  home,  going  by 
Canton,  where  he  sold  his  furs  at  a  good  profit.  This  opened  a  new 
line  of  trade  and  was  the  first  incentive  to  trade  direct  with  China,  as 
heretofore  all  furs  had  been  sold  to  Russia,  and  they  in  turn  sold  to 
China.  This  subsequently  suggested  the  organization  of  the  Hudson's 
Bay  Company  that  afterwards  grew  to  such  colossal  proportions. 
France  sent  out  Pej'^rome  in  1785,  who  met  a  melancholy  fate  after  he 
had  surveyed  the  coast  near  Mount  St.  Elias.  Next  the  Spaniards 
began  the  fur  trade. 

We  now  come  to  the  most  interesting  part  of  the  discoveries  on  the 
Pacific  coast  to  Americans,  the  result  of  which  was  to  give  a  magnifi- 
cent empire  in  extent  of  country.  That  is  the  discovery  of  the  Colum- 
bia river  by  Captain  Robert  Gray.  In  1787,  an  association  of  mer- 
chants in  Boston,  Massachusetts,  consisting  of  Joseph  Barrell,  Samuel 
Brown,  Charles  Bulfinch,  John  Darby,  Crowell  Hatch  and  John  M. 
Pintard,  subscribed  to  the  amount  of  $50,000  to  fit  out  a  trading  and 
discovery  expedition  to  the  northwest  Pacific  coast.  They  fitted  out 
two  small  vessels — the  Columbia,  of  200  tons,  with  John  Kendrick  as 
captain,  and  the  sloop  Washington,  of  ninety  tons,  with  Robert  Gray 
as  captain.  Captain  Kendrick  had  been  a  privateer  commander  dur- 
ing the  revolution,  and  Captain  Gray  had  served  as  an  ofl&cer  in  the 


I79I 


PROVISIONAI,   GOVERNMENT. 


35 


American  navy  during  the  same  war.  These  two  vessels  being  well 
supplied  with  material  to  trade  with  the  Indians  for  furs,  sailed  from 
Boston,  September  30,  1787,  amid  the  hearty  good  wishes  of  the  people 
in  general  and  the  owners  especially.  After  a  long  and  at  times,  a 
tempestuous  voyage,  during  which  the  little  ships  became  separated 
off  of  Cape  Horn,  the  Washington  arrived  off  of  Cape  Mendocino 
August  2,  1788,  and  Captain  Gray  traded  some  with  the  Indians. 
After  sailing  north  he  stopped  at  a  small  harbor,  and  as  a  boat  had 
been  sent  ashore  to  collect  some  grass  for  the  few  head  of  stock,  they 
were  attack  ^d  and  one  of  the  crew  was  killed.  They  sailed  north  and 
on  Aug.  16,  1788,  the  sloop  reached  Nootka  Sound  where  he  found 
Captains  Mears  and  Douglas  who  were  sailing  under  the  Portuguese 
flag.  A  few  days  afterwards  the  Columbia  arrived  much  to  the  relief 
of  Gray  and  crew.  Before  Gray  reached  Nootka  Sound  he  passed  the 
mouth  of  the  Columbia  and  for  nine  days  tried  to  make  an  entrance, 
but  the  strong  current  or  outflow  prevented  his  entrance,  and  on  his 
meeting  with  Captain  John  Vancouver,  of  the  British  navy,  he  stated 
that  he  believed  that  he  had  discovered  a  great  river.  After  Captain 
Kendrick's  arrival  on  the  Columbia  and  assuming  command  of  the 
expedition,  he  sent  Gray  to  the  north  to  trade  and  explore,  and  in 
this  he  spent  some  time.  On  his  return.  Captain  Kendrick  placed 
Gray  in  charge  of  the  Columbia,  laden  with  furs  and  ordered  him  to 
China,  there  to  sell  his  cargo  for  tea  and  continue  on  to  Boston,  while 
he  went  aboard  of  the  Washington  to  continue  in  the  trade.  Gray  left 
Clayoquot  in  the  Columbia,  July  30,  1789,  and  called  for  a  short  time 
at  the  Sandwich  Islands,  then  proceeded  to  Canton.  He  sailed  early  in 
February,  1790,  and  reached  Boston  on  the  following  loth  of  August, 
amid  great  rejoicing  of  the  people,  as  he  was  the  first  man  to  carry  the 
American  flag  around  the  world,  having  sailed  in  all  nearly  50,000 
miles,  and  opened  up  a  new  commercial  field  of  great  value. 

The  Columbia  with  Gray  as  commander  left  Boston  on  her  second 
and  most  important  cruise,  Sept.  28,  1790,  and  arrived  at  Clayoquot, 
June  4,  1 79 1,  and  soon  started  on  a  cruise,  when  on  August  20th,  he 
lost  three  men  by  the  Indians.  In  the  meantime,  Kendrick  had  been 
meeting  with  some  adventures  with  the  Indians.  On  one  occasion  his 
son  Soloman  had  been  murdered  by  them.  He  had  also  sailed  to 
Macao,  and  after  changing  his  sloop  to  9  brig,  he  touched  at  Japan  and 
tried  to  open  a  trade,  but  was  immediately  ordered  off,  but  he  had  the 
satisfaction  of  being  the  first  man  who  had  ever  unfurled  the  starry 
banner  in  those  waters.   He  then  returned  to  Clayoquot  where  Gray  met 


36 


brown's   KiUTICAL  HISTORY. 


1775 


ii!| 


■■':'!  1 


!       ! 


i!ii!!!|!j 


him.  Kendrick  on  Aug.  5,  1791,  purchased  of  the  Indians  quite  a  strip 
of  land,  and  the  deed  was  made  out,  but  that  is  about  all  that  it  ever 
amounted  to.  Captain  Kendrick,  who  left  the  coast  on  the  29th  of 
September,  1791,  lost  his  life  by  an  accidental  discharge  of  a  salute. 
The  Washington,  with  her  cargo  of  furs,  was  lost  on  the  coast  of 
China. 

During  this  winter.  Gray  built  and  on  Feb.  23,  1792,  launched  a 
sloop,  which  he  named  the  Adventure,  of  about  forty  tons  and  was 
sent  on  a  cruise  under  the  command  of  one  of  the  officers  and  was  a 
good  sailer.  On  April  29,  1792,  Gray  met  Captain  Vancouver,  to  whom 
he  told  (  as  before  stated  )  that  he  believed  he  had  discovered  a  large 
river,  but  could  not  enter  it.  Vancouver  scouted  it  as  he  had  sailed 
only  a  few  days  before  along  the  same  route,  and  had  not  seen  any  in- 
dications of  a  river.  Gray  determined  to  settle  the  question,  and  sailed 
in  that  direction,  and  on  May  7th,  he  arrived  at  the  entrance,  and  con- 
tinued his  efforts  until  on  May  11,  1792,  he  dropped  anchor  in  the 
largest  stream  on  the  Pacific  coast,  naming  it  the  Columbia,  thus  se- 
curing to  the  United  States  a  territory  large  enough  for  three  States  of 
great  extent.  The  log  book  I  give  further  on.  By  this  act  Gray  im- 
mortalized himself  and  ship,  placing  them  in  history  where  they  never 
will  be  erased. 

At  the  close  of  this  article  will  be  found  a  memorial  of  Hon.  J. 
Quinn  Thornton,  with  cut  of  medal,  also  one  from  Mrs.  Gray  to  Con- 
gress. 

We  will  now  turn  back  a  little.  Several  important  surveys  of  differ- 
ent parts  of  the  coast  had  been  made  by  the  British  and  Americans, 
and  Capt.  J.  Mears  in  :i.e  Felice  tried  to  discover  the  opening  seen  by 
Heceta  in  1775,  which  was  laid  down  as  "  Entrada  de  Heceta, "  or  "  de 
Ascension,"  or  "  Rio  de  San  Roque,"  but  not  finding  them  satisfactory, 
called  the  promontory  "  Cape  Disappointment,"  and  the  opening  "  De- 
ception Bay,"  and  said  that  there  was  no  such  river  as  San  Roque  as 
laid  down  in  the  Spanish  charts.  It  would  seem  that  Providence  had 
designed  that  this  magnificent  river  and  country  should  be  reserved 
for  the  new  bom  nation  as  a  rightful  heritage,  as  ship  after  ship  sailed 
by  without  being  able  to  discover  and  enter  the  mouth  of  the  ' '  Great 
tiver  of  the  West,"  whose  source  laps  the  headwaters  of  that  other 
great  river  which  flows  through  our  country  for  thousands  of  miles  and 
loses  itself  in  the  Atlantic.  But  the  man  and  the  time  came,  the  great 
secret  was  solved  and  our  country  reaped  the  benefit. 

Jonathan  Carver,  who  was  bom  in  Connecticut  in  1732,  possessed 


1775 

lite  a  strip 
lat  it  ever 
29th  of 
a  salute, 
le  coast  of 

aunched  a 

,s  and  was 

and  was  a 

r,  to  whom 

red  a  large 

had  sailed 

een  any  in- 

,  and  sailed 

:e,  and  con- 

:hor  in  the 

lA,  thus  se- 

ee  States  of 

ct  Gray  im- 

i  they  never 

of  Hon.  J. 
rray  to  Con 

eys  of  dififer- 
Americans, 
ing  seen  by 
:ta,"  or"de 
satisfactory, 
ening  ' '  De- 
an Roque  as 
vidence  had 
be  reserved 
r  ship  sailed 
the  "Great 
f  that  other 
of  miles  and 
ae,  the  great 

;2,  possessed 


1792 


PROVISIONAI,  GOVERNMENT. 


37 


I 
I 


,1 


i 

I 

i 
» 


of  an  adventurous  spirit,  had  traveled  and  lived  among  the  western 
tribes  of  Indians  and  having  heard  of  the  "  River  Oregon"  or  "  River  of 
the  West,"  tried  to  organize  an  expedition  to  cross  the  continent,  going 
up  the  Missouri  river  and  down  that  mysterious  stream  to  the  Pacific 
ocean.  He  was  fated  to  fail  in  accomplishing  his  life's  object,  and  Le 
said  :  "  That  the  completion  of  this  scheme,  which  I  have  the  honor 
of  first  planning  and  attempting,  will  some  time  or  other  be  effected,  I 
make  no  doubt.  Those  who  are  so  fortunate  as  to  succeed  in  it  will 
reap  ( exclusive  of  the  national  advantages  that  must  ensue  )  emolu- 
ments beyond  their  most  sanguine  expectations.  And  while  their 
spirits  are  elevated  by  their  success,  perhaps  they  may  bestow  some 
commendations  and  blessing  on  the  person  that  first  pointed  out  to 
them  the  way  ;  these,  but  a  shadowy  recompense  for  all  my  toil,  I  shall 
receive  with  pleasure."  Captains  I^ewis  and  Clarke  in  1804-6  pursued 
the  route  spoken  of  by  Carver.  It  was  probably  his  efforts  that  first 
directed  the  attention  of  Mr.  Jefferson,  who  afterwards,  while  President, 
sent  a  confidential  message  to  Congress  asking  authority  to  send  an 
expedition  across  the  continent.  At  least,  let  us  give  Jonathan  Carver 
just  credit  for  his  attempt,  for  the  womb  of  time  produced  results  which 
contained  the  realization  of  his  fondest  expectations. 

The  fur  trade  held  out  such  inducements  for  great  fortunes,  that  a 
company  of  merchants  in  London  organized  the  Hudson's  Bay  Fur 
Company,  and  were  granted  a  charter  of  almost  unlimited  power  by 
Charles  II  in  1669,  controlling  all  of  the  vast  region  in  and  around  Hud- 
son's Bay;  but  this  company  had  a  strong  rival  in  Canada,  who  traded  ex- 
tensively with  the  interior.  When  the  province  was  conquered  by 
England,  the  Hudson's  Bay  Company  ashamed  complete  control,  until 
a  new  company  was  organized  in  Upper  Canada  in  1766,  which  was 
again  re-organized  in  1783,  with  headquarters  at  Montreal.  But  the 
intense  rivalry  of  these  two  powerful  companies  led  to  so  much  strife 
and  bloodshed,  that  it  was  found  necessary  to  come  to  some  compromise 
and  the  two  companies  united  under  the  title  of  the  Hudson's  Bay 
Company  and  a  new  charter  was  granted  extending  twenty-one  years. 

"In  1792,  Mr.  Jefferson  proposed  to  the  American  Philosophical 
Society  a  subscription  to  engage  a  competent  person  to  proceed  to  the 
northwest  coast  by  land ;  and  Captain  Merriweather  Lewis  who  was 
stationed  at  Charlottville,  Virginia,  was  engaged  for  the  piurpose.  M. 
Michaux,  a  French  botanist,  was  to  be  his  companion.  They  had 
gone  as  far  as  Kentuckey  on  their  journey  when  Michaux  was  recalled 
by  the  French  minister  to  pursue  in  other  quarters  his  botanical  re- 


;    'i 


wsm 


^  i 


I 


i 


iir 


38 


brown's  poIvITical  history. 


I8IO 


searches,  which  put  a  stop  to  the  enterprise."  '  President  JeflFerson  re- 
commended to  Congress  in  a  confidential  message  in  Januar3',  1803, 
that  a  party  should  trace  the  Missouri  to  its  source,  and  cross  the  Rocky 
mountains  and  proceed  to  the  Pacific  ocean.  This  was  acceded  to  by 
Congress.  Captain  Lewis  requested  to  be  placed  in  command,  and 
Wm.  Clarke,  a  brother  of  Gen.  G.  R.  Clarke,  also  volunteered  his  ser- 
vices. Full  instructions  were  given  as  to  route,  observations  of  natural 
history,  resources,  etc.,  as  the  President  had  great  desire  to  ascertain 
all  that  was  possible,  in  hopes  that  an  Asiatic  trade  could  be  opened 
across  the  continent,  so  that  America  might  be  independent  of  all  other 
powers  commercially  as  well  as  politically.  The  expedition  started 
May  4,  1804,  and  after  great  hardship,  arrived  at  the  mouth  of  the 
Columbia  Nov.  14,  1805,  started  to  return  March  23,  1806,  and  arrived 
at  St.  L,ouis,  September  23,  1806  ;  being  exactly  six  months  in  return- 
ing, and  two  years,  four  months  and  eight  days  on  the  expedition.  * 

From  1806  to  18 10,  quite  a  number  of  ships  entered  the  Columbia, 
and  in  the  spring  of  the  latter  year,  Capt.  T.  Winship  of  the  i4/6atross 
sailed  up  to  Oak  Point,  built  a  house  and  put  in  a  garden. 

At  St.  Louis  in  1808,  the  Missouri  Fur  Company  was  formed  and 
established  trading  posts  and  forts  upon  the  upper  Missouri  and 
beyond  the  Rocky  mountains  to  the  headwaters  of  Lewis  river. 

Mr.  John  Jacob  Astor,  the  celebrated  fur  trader  of  New  York  city 
organized  the  Pacific  Fur  Company  in  18 10,  and  in  September  of  that 
year,  Messrs.  M'Kay,  M'Dougal,  David  and  Robert  Stewart,  four  of 
Mr.  Astor's  partners,  with  clerks,  mechanics,  stores,  arms,  etc.,  em- 
barked in  the  ship  Tonquin,  under  command  of  Captain  Jonathan 
Thorn,  a  naval  officer,  to  establish  a  post  and  fort  on  the  Columbia  river. 
Thorn  was  a  competent  navigator,  but  in  every  other  respect  was 
wofully  deficient,  as  he  was  hasty  in  temper  and  very  tyrannical;  and 

1  I^ewis  and  Clarke  Rocky  Mts. 

2  The  following  notice  was  posted  up  on  the  fort,  and  severtil  copies  distributed  among  the 
natives,  and  one  copy  fell  into  the  hands  of  Capt.  Hill,  of  the  brig  Lydia,  and  by  him  carried  to 
Canton,  from  whence  it  was  sent  to  Boston  in  a  letter  dated  at  Canton,  January,  1807:  "  The  object 
of  this  is,  that  through  the  medium  of  some  civilized  person  may  sec  the  same,  it  may  be  known  to 
the  world  that  the  party,  consisting  of  the  persons  whose  names  are  hereunto  annexed,  and  who 
were  seat  out  by  the  government  of  the  United  Slates  to  explore  the  interior  of  the  continent  of 
North  America,  did  cross  the  same  by  the  way  of  the  Missouri  and  Columbia  rivers,  to  the  dis- 
charge of  the  latter  into  the  Pacific  ocean,  where  they  arrived  on  the  14th  day  of  November,  1805, 
and  departed  the  23d  day  of  March.  1806,  on  their  return  to  the  United  States,  by  the  same  route  by 
which  they  had  come  out." 

The  copy  of  the  above  that  I  i~  ^.d  was  not  signed,  as  the  compiler  evidently  did  not  think  it 
necessary.  On  the  map  of  the  ex^  ^  dilion,  the  Willamette  is  set  down  as  Mult-no-mah,  Clackamas 
as  Clack-mus,  Calapooiaas  Cal-lah-p6-e-wah,  but  is  evidently  the  Yamhill  river,  as  the  Calapooia  is 
on  the  east  side  of  the  Willamette  instead  of  the  west. 


i8io 


1823 


PROVISIONAL  GOVERNMENT. 


39 


:  Jefferson  re- 
nuarj',  1803, 
)ss  the  Rocky 
acceded  to  by 
>tnmand,  and 
teered  his  ser- 
ons  of  natural 
e  to  ascertain 
lid  be  opened 
nt  of  all  other 
dition  started 
mouth  of  the 
and  arrived 
iths  in  return- 
xpedition.* 

he  Columbia, 
the  Albatross 
n. 

IS  formed  and 
Missouri  and 
1  river. 

STew  York  city 
:ember  of  that 
ewart,  four  of 
rms,  etc.,  em- 
tain  Jonathan 
Columbia  river, 
r  respect  was 
yrrannical;  and 


:ributed  among^  the 
1  by  him  carried  to 
/,  1807:  "The  object 
,  it  may  be  known  to 
o  annexed,  and  who 
of  the  continent  of 
ia  rivers,  to  the  dis- 
r  of  November,  1805, 
>y  the  same  route  by 

intly  did  not  think  it 
-no-mah,  Clackamas 
r,  as  the  Calapooia  is 


not  understanding  the  Indian  character,  had  a  great  contempt  for 
them.  The  result  of  this  effort  proved  disastrous,  as  will  be  shown 
further  on.  He  arrived  at  the  mouth  of  the  Columbia  March  22,  1811, 
and  sent  a  small  boat  with  eight  men  to  cross  and  examine  the  bar 
under  strong  protest  of  the  men,  and  all  lost  their  lives.  After  cross- 
ing the  bar  and  It^nding  the  material  and  goods  for  the  fort,  which  was 
named  Astoria  in  honor  of  the  head  of  the  company.  On  the  5th  of 
June  following  he  left  the  river  and  sailed  to  Vancouver  Island,  where 
he  commenced  trading  with  the  Indians  for  furs.  Disobeying  explicit 
orders  not  to  allow  but  few  Indians  on  his  ship  at  a  time,  they  were 
permitted  to  crowd  the  deck,  and  it  was  not  long  before  his  imperious 
nature  brought  on  a  disturbance,  and  the  Indians  attacked  and  killed 
twenty-three  men,  among  the  first  victims  being  Thorn  himself.  The 
ship's  clerk,  I^ewis,  interpreter  and  four  others  took  refuge  in  the 
cabin  and  escaped  the  general  massacre.  Four  of  the  men  at  night 
took  a  ships  boat  and  attempted  to  get  away,  but  were  driven  ashore 
by  the  incoming  tide  and  wind  and  murdered.  I^ewis  determined  to 
take  a  terrible  revenge  upon  the  Indians  while  sacrificing  his  own  life. 
He  enticed  about  a  hundred  on  board  the  ship  and  firing  the  magazine 
sent  them  all  to  distruction.  The  interpreter  who  was  in  the  cross- 
trees,  was  thrown  into  the  water  and  escaped  unhurt  and  afterwards 
carried  the  news  to  Astoria. 

"In  the  spring  of  18 11,"  odys  Gray  in  his  history  of  Oregon, 
"Wilson  Price  Hunt  with  other  partners  Cook,  M'Kenzie  and 
M'Clellen,  with  a  party  of  sixty  men  started  across  the  continent. 
They  were  extremely  anno3'ed  by  the  opposition  fur  traders  on  their 
route  and  also  by  hos*;ile  Indians.  Such  of  the  party  as  did  not  perish 
by  famine  and  hostile  Indians  and  British  fur  traders,  arrived  at 
Astoria  on  the  28th  of  January  1812." 

Mr.  Hunt  visited  the  Russian  ports  to  negotiate  commercial  inter- 
course, where  he  was  delayed  through  variou,s  causes  for  a  year,  dur- 
ing which  time  discord  seems  to  have  arisen  among  the  remaining 
partners,  and  as  they  had  received  news  that  the  United  States  and 
England  were  at  war,  and  a  naval  vessel  was  coming  to  capture 
Astoria,  the  establishment,  with  all  the  turs  was  sold  at  a  great  sacri- 
fice to  the  Hudson's  Bay  Company.  November  30,  18 13,  the  British 
sloop-of-war  Raccoon  entered  the  river  and  captured  Astoria  and 
changed  the  name  to  Fort  George.  By  the  terms  of  the  treaty  of  Ghent, 
Astoria  was  restored  to  the  United  States  October  6,  if  18. 

On  Dec.  29,  1823,  Mr,  Floyd  of  Virginia,  in  the  House  of  Repre- 


g^ 


!  .::''iii 


iH 


ill 


II' 


40 


brown's  political  history. 


1824 


sentatives,  moved  that  a  committee  be  appointed  to  inquire  into  the 
expediency  of  occupying  the  Oregon  or  Columbia  river,  and  to  regu- 
late intercourse  with  the  Indian  tribes,  and  to  report  by  bill  or  other- 
wise. On  April  15,  1824,  Mr.  Floyd  submitted  the  following  report 
which  was  read  and  laid  on  the  table.     The  report  is  as  follows  : 

The  committee  to  whom  was  referred  the  resolution  of  the  29th  day 
of  December  last,  instructing  them  to  inquire  into  the  expediency  of 
occupying  the  mouth  of  the  Oregon  or  Columbia  river,  have  had  the 
same  under  consideration,  and  ask  leave  to  report.  That  they  have 
considered  the  subject  referred  to  them,  and  are  persuaded,  that,  both 
in  a  military  and  commercial  point  of  view,  the  occupation  of  that 
territory  is  of  great  importance  to  the  Republic ;  but  as  much  has 
been  submitted  to  the  house  on  these  points  by  former  committees 
they  have  now  deemed  it  necessary  only  to  present  a  view  of  the  diffi- 
culties which  would  probably  present  themselves  in  accomplishing 
that  object,  and  the  manner  in  which  they  can  be  overcome.  To 
obtain  information,  a  letter  to  this  end  was  addressed  to  an  officer  of 
the  army,  whose  integrity  in  the  public  service  is  well  known  to  the 
House,  and  whose  military  knowledge  is  entitled  to  the  highest 
respect ;  that  officer  is  Brig.  Gen'l  Thos.  S.  Jesup  ;  answered  so  satis- 
factorily to  the  committee,  that  they  have  presented  the  answer,  and 
adopted  it  as  a  part  of  this  report : 

''  Quartermaster  Generai^'s  Office, | 

Washington,  April  26  1824.     ) 

Sir  : — In  reply  to  your  letter,  dated  30th  ult.,  requesting  me  to  communicate 
"any  facts,  views,  or  opinions,  which  may  have  presented  themselves  to  me, 
relative  to  the  probable  difficulty  of  making  an  establishment  at  the  mouth  of 
the  Columbia  river,  and  the  military  advantages  of  that  establishment,"  I  have 
the  honor  to  remark,  that,  ever  since  my  attention  was  first  directed  to  the  sub- 
ject, I  have  considered  the  possession  and  military  command  of  the  Columbia, 
necessary  not  only  to  the  protection  of  the  trade,  but  to  the  security  of  our  West- 
em  frontier.  That  flank  of  our  country,  entending  from  the  lakes  to  the  gulf  of 
Mexico,  is  everywhere  in  contact  with  numerous,  powerful  and  warlike  Indian 
nations ;  who,  altogether,  might  be  able  to  bring  into  the  field  from  20,000  to 
30,000  warriers.  Most  of  those  nations  communicate,  either  with  the  British  to 
north  and  west,  or  the  Spanish  to  the  south.  In  the  event  of  war,  that  force, 
with  a  few  hundred  foreign  troops,  or  under  the  influence  of  foreign  companies, 
might  be  made  more  formidable  to  us  than  any  force  which  Europe  combined 
could  oppose  to  us.  On  the  other  hand,  if  such  measures  be  adopted  as  to  secure 
a  proper  inflnence  over  them,  and,  in  the  event  of  war,  to  command  their  co- 
opeidtion,  they,  with  the  aid  of  a  few  small  garrisons,  would  not  only  afford 
ample  protection  for  that  entire  line,  but  would  become  a  scourge  of  our  enemies. 
The  danger  to  be  apprehended,  can  only  be  averted  by  proper  military  establish- 
ments ;  and  whether  the  post  at  the  mouth  of  the  Columbia  be  intended  to  secure 
our  territory,  protect  our  traders,  or  to  cut  off"  all  communication  between  the 


18^4 


i824 


PROVISIONAL  GOVERNMENT. 


41 


uire  into  the 
and  to  regu- 
bill  or  other- 
owing  report 
oUows  : 

the  29th  day 

xpediency  of 

have  had  the 

at  they  have 

d,  that,  both 

tation  of  that 

as  much  has 

:r  committees 

w  of  the  difl&- 

ccomplishing 

vercome.    To 

o  an  officer  of 

known  to  the 

•  the  highest 

rered  so  satis- 

e  answer,  and 


Vs  Office,! 
[■/  26  1824.    S 

to  communicate 
emselves  to  me, 
at  the  mouth  of 
shment,"  I  have 
cted  to  the  sub- 
f  the  Columbia, 
rity  of  our  West- 
ces  to  the  gulf  of 
L  warlike  Indian 
i  from  20,000  to 
th  the  British  to 

war,  that  force, 
reign  companies, 
lurope  combined 
)pted  as  to  secure 
nmand  their  co- 

not  only  afford 
e  of  our  enemies, 
lilitary  establish- 
itended  to  secure 
tion  between  the 


Indians  and  foreigners,  I  should  consider  a  line  of  posts  extending  from  the  Coun- 
cil BluflFs  entirely  across  the  continent  necessary.  Those  posts  should  be  situated, 
as  well  with  a  view  to  command  the  avenues  through  which  the  Indians  pass 
from  the  north  to  the  south,  as  to  keep  open  communication  with  the  establish- 
ment at  the  mouth  of  the  Columbia.  A  post  should  be  established  at  the  Man- 
dan  villages,  because,  there  the  Missouri  approaches  within  a  short  distance  of 
the  British  territory  and  it  would  have  the  effect  of  holding  in  check  the  Hud- 
son's Bay  and  North  West  companies,  and  controlling  the  Rickarees,  Mandans, 
and  other  Indians,  who  either  reside  or  range  on  the  territory  east,  north,  and 
west  of  that  point.  A  post  at,  or  near,  the  head  of  navigation  on  the  Missouri, 
would  control  the  Blackfoot  Indians,  protect  our  traders,  enable  us  to  remove  those 
of  the  British  companies  from  our  territory,  and  serve  as  a  depot,  at  which  detach- 
ments moved  toward  the  Columbia  might  either  be  supplied,  or  leave  such  stores 
as  they  should  find  it  difficult  to  carry  with  them  through  the  mountains.  It 
might  also  be  made  a  depot  of  trade  and  of  the  Indian  department.  To  keep 
open  the  communication  through  the  mountains,  there  should  be  at  least  one 
small  i)ost  at  some  convenient  point  between  the  mountains  and  the  Columbia, 
and  on  the  latter  river  and  its  tributaries,  there  should  be  at  least  three  posts. 
They  would  afford  present  protection  to  our  traders,  and,  on  the  expiration  of  the 
privileges  granted  to  British  subjects  to  trade  on  the  waters  of  the  Columbia,  would 
enable  us  to  remove  them  f.om  our  territory,  and  to  secure  the  whole  to  our 
citizens.  They  would  also  enable  us  to  preserve  peace  among  the  Indians, 
and,  in  the  event  of  foreign  war,  to  command  their  neutrality  or  their  assistance, 
as  we  might  think  most  advisable.  The  pos;a  designated,  might  be  established 
and  maintained,  at  an  additional  annual  expense  not  exceeding  $40,000.  By 
'j  extending  to  those  posts  the  system  of  cultivation,  now  in  operation  at  the 
Council  Bluffs,  the  expense  of  supplying  them  would,  in  a  few  years,  be  greatly 
diminished.  Mills  might  be  erected  at  all  those  posts,  at  a  trifling  expense,  and, 
the  whole  country  abounding  in  grass,  all  the  domestic  animals  necessary,  either 
fcr  labor  or  subsistence,  might  be  supported.  This  would  render  the  establish- 
ment more  secure,  and,  consequently  more  formidable  to  the  Indian  nations  in 
their  vicinity. 

As  to  the  proposed  posts  on  th.  TDlumbia,  it  is  believed  they  might  be  sup- 
plied immediately  at  a  low  rate,  v  ':  at  may  be  obtained  at  New  California,  at 
about  25  cents  per  bushel,  and  beef  cattle  at  $3  or  $4  each.  Salt,  in  any  quantity 
required,  may  be  had  at  an  island  near  the  Peninsula  of  California.  Should 
transportatic  M  not  be  readily  obtained  fcx  those  articles,  vessels  might  be  con- 
structed by  the  troops.  To  obtain  the  defirecl  advantages,  it  is  important,  not 
only  that  we  occupy  the  posts  designated,  but  that  we  commence  our  operations 
without  delay.  British  companies  are  wealthy  and  powerful ;  their  establish- 
ments extend  f-om  Hudson's  Bay  and  Lake  Superior  to  the  Pacific ;  many  of 
theui  within  our  territory.  It  is  not  to  be  supposed  they  would  surrender  those 
aclvancug  .Ithout  a  struggle,  and,  though  they  should  not  engage  in  them- 
selves, they,  might  render  all  the  Indians,  in  that  extensive  region  hostile.  The 
detachment  intended  to  occupy  the  mouth  of  the  Columbia  might  leave  the 
Council  Bluffs  in  June,  and  150  men  proceed  with  the  boats  and  stores  ;  and,  as 
the  country  is  open,  and  abounds  with  grass,  the  remaining  50  might  proceed  by 
land,  with  horses  intended  for  the  transportation  across  the  mountains,  and 
might  drive  300  nc  400  beeves  to  the  Mandan  village  or  to  the  falls  of  the  Mis- 
souri ;  at  one  of  ihese  places  the  parties  should  unite  and  spend  the  winter.  The 
latter  would  be  preferable,  because  there  they  might  be  able  to  establish  a 


,'li  I 


1 1 


!li 


liii    ! 


42 


brown's  political  history. 


1824 


friendly  intercourse  with  the  Blackfoot  Indians,  or,  at  all  events,  by  impressing 
them  with  an  idea  of  the  power  of  the  nation,  restiain  their  depredations  upon 
the  neighboring  tribes,  and  deter  them  from  acts  of  outrage  upon  our  traders. 
They  might,  also,  during  the  winter,  reconnoiter  the  several  passes  through  the 
mountains,  prepare  provisions  necessary  to  support  them  on  the  march,  and 
c!own  the  Columoia  ;  and,  if  authorized  to  do  so,  remove  from  the  territory  all 
tLe  British  traders  on  the  waters  of  the  Missouri.  They  would  necessarily 
remain  at,  or  in  the  vicinity  of  their  wintering  ground,  until  June,  but  might  be 
occupied  during  the  months  of  April  and  May,  in  opening  a  road  to  the  moun- 
tains and  constructing  bridges  over  the  numerous  streams  on  the  route.  This 
work  performed,  they  might,  in  about  twenty  days  reach  the  navigable  waters  of 
Clarke's  river,  a  branch  of  the  Columbia,  and  in  ten  days  more,  prepare  trans- 
portation to  descend  to  their  destination,  where,  after  every  necessary  allowance 
for  accidents  and  delays,  they  would  certainly  arrive  by  the  month  of  August. 

The  vessels  employed  to  transport  the  stores  by  sea,  might  leave  the  United 
States  in  the  month  of  November,  and  wi  aid  arrive  at  the  mouth  of  the 
Columbia  in  April,  at  least  four  months  are  the  detachment  fiom  Council 
Bluffs  could  reach  that  point ;  and,  unle  ships  should  be  detained  during 

that  time,  which  could  not  be  expected,  u-  atores  would  be  exposed  to  damage 
and  depredations,  and,  perhaps,  by  the  time  the  troops  should  arrive,  would  be 
entirely  destroyed.  It  would  therefore,  seem  to  me  a  measure  of  prudence,  that 
at  least  one  company  of  artillery  be  transported  with  the  stores.  That  descrip- 
tion of  the  force  would  be  found  necessary  at  the  post,  and  the  ships  would  afford 
them  ample  accommodations. 

That  the  route  from  the  Council  Bluffs  to  the  mouth  of  the  Columbia  is 
practicable,  has  been  proved  by  the  enterprise  of  more  than  one  of  our  citizens. 
It,  no  doubt,  presents  difficulties;  but  difficulties  are  not  impossibilities.  We 
have  only  to  refer  to  the  pages  [of  our  history  to  learn  that  many  operations,  in- 
finitely more  arduous,  have  been  accomplished. 

A  post  at  the  mouth  of  the  Columbia  is  important,  not  only  in  relation  to  the 
interior  trade,  and  the  military  defense  of  the  Western  section  of  the  Union,  but, 
also,  in  relation  to  the  naval  powers  of  the  nation.  Naval  power  consists,  not  in 
ships,  but  tn  seamen ;  and  to  be  efficient,  the  force  must  always  be  available. 
The  northwest  coast  of  America  is  an  admirable  nursery  for  seamen  —  many  of 
our  best  sailors  are  formed  there ;  without  a  naval  station,  however,  on  the 
Pacific,  the  force  employed  in  the?  whale  |fishery,  as  well  as  in  sealing,  and  the 
northwest  trade,  would  in  the  event  of  war,  with  a  great  maritime  power,  be,  in 
some  measure,  lost  to  the  nation.  But,  that  establishment  made,  it  would  afford 
a  secure  retreat  to  all  our  ships  and  seamen  in  that  section  of  the  globe  ;  and  the 
force,  thus  concentrated,  might  be  used  with  effect  against  the  trade,  if  not  the 
fleets  or  possessions  of  the  enemy,  in  place  of  being  driven  to  the  Atlantic,  or 
perhaps  captured  on  their  way.  The  establishment  might  be  considered  as  a 
great  bastion,  commanding  the  whole  line  of  coast  to  the  north  and  south  ;  and 
it  would  have  the  same  influence  on  that  line  which  the  bastion  of  a  work  have 
on  its  curtains ;  for  the  principles  of  defense  are  the  same  whether  applied  to  a 
small  fortress,  or  to  a  line  of  frontier,  or  even  an  entire  section  of  the  globe.  In 
the  one  case,  the  missies  used  are  bullets  and  common  shot,  in  the  other,  ships 
and  fleets.     I  have  the  honor  etc. , 

HON.  J.  FIvOYD,  H.  of  R.  TH.  S.  JESUP. 

The  above  report  was  laid  upon  the  table,  as  Congress  did  not  seem 


i824 


1824 


PROVISIONAI.  GOVERNMBNT. 


43 


by  impressing 
iredations  upon 
on  our  traders, 
ses  through  the 
he  march,  and 
the  territory  all 
uld  necessarily 
le,  but  might  be 
id  to  the  moun- 
he  route.  This 
igable  waters  of 
,  prepare  trans- 
issary  allowance 
h  of  August, 
eave  the  United 

mouth  of  the 
it  fiom  Council 
detained  during 
posed  to  damage 
irrive,  would  be 
f  prudence,  that 
That  descrip- 
ips  would  afford 

die  Columbia  is 
e  of  our  citizens, 
ossibilities.  We 
ly  operations,  in- 

in  relation  to  the 
f  the  Union,  but, 
r  consists,  not  in 
lys  be  available. 
;amen  —  many  of 
however,  on  the 
sealing,  and  the 
me  power,  be,  in 
e,  it  would  afford 
e  globe  ;  and  the 
:  trade,  if  not  the 

0  the  Atlantic,  or 
;  considered  as  a 

1  and  south  ;  and 
n  of  a  work  have 
ther  applied  to  a 
3f  the  globe.  In 
ti  the  other,  ships 

:h.  S.  JESUP. 
ss  did  not  seem 


i 


I 


disposed  to  consider  the  subject,  and  on  the  following  January  24,  Mr. 
Floyd  introduced  the  following  resolution,  which  was  adopted  : 

Resolved,  That  the  President  be  requested  to  cause  to  be  laid  before  this 
House  an  estimate  of  the  expenses  which  would  be  incurred  by  transporting  200 
of  the  troops  now  at  Council  Bluffs  to  the  mouth  of  the  Columbia  or  Oregon 
river. 

To  this  the  f*resident  sent  the  following  message  : 

To  the  House  of  Representatives  of  the  United  States:  The  House  of  Repre- 
sentatives on  the  26th  ult.,  having  resolved,  that  the  President  be  requested  to 
cause  to  be  laid  before  it  an  estimate,  etc.,  I  herewith  transmit  a  report  of  the 
Secretary  of  War,  which  contains  the  information  required. 

February  29,  182.1  JAMES  MONROE. 

Department  ok  War,  February  17,  1824. 
The  Secretary  of  War,  to  whom  was  referred  the  resolution  of  the  House  of 
Representatives  of  January  26th    *    *    has  the  honor  to  transmit  a  report  of  the 
Quartermaster-General  which  contains  the  information  required. 

J.  C.  CALHOUN. 

Quartermaster-Generai.  Office,  I 

Washington,  February  16,  1824.     | 

Sir  :  —  In  obedience  to  your  order,  dated  the  30th  ult.,  requiring  an  estimate 
of  the  probable  expense  of  transporting  200  of  the  troops  from  Council  Bluffs  on 
the  Missouri  river  to  the  mouth  of  the  Columbia  river,  I  have  the  honor  to  report 
that  the  expenses  will  consist :  i  —  Of  an  outfit  of  boats,  and  the  necessary 
tools  and  materials  to  keep  them  in  repairs  to  transport  the  detachment  from 
Council  Bluffs  to  the  head  of  navigation  on  the  Missouri  and  Yellow  Stone  river, 
2  —  The  number  of  horses  necessary  to  transport  the  detachment,  their  pro- 
visions, and  stores,  from  that  place  to  some  navigable  point  on  the  Columbia 
river,  and  tools  to  open  a  road  and  construct  bridges  on  the  route.  3  —  The 
tools  and  materials  necessary  to  enable  them  to  construct  boats  to  descend  the 
Columbia. 

I  take  it  for  granted  that  the  ordnance,  clothing,  provisions,  and  all  the 
heavy  baggage  required  for  the  use  of  the  detachment,  after  it  shall  have  arrived 
at  its  destination,  will  be  transported  by  sea,  and  that  no  other  supplies  than 
those  actually  necessary  on  the  march,  will  be  taken  across  the  Rocky  moun- 
tains. If  so,  the  whole  outfit,  including  arms,  ammunition,  and  provisions,  for 
twelve  months,  would  not  exceed  140  tons ;  the  transportation  of  which  ten  boats, 
which,  with  all  their  equipments,  would  not  exceed  $700  each,  would  be  sufficient. 
Fifteen  hundred  dollars  would  provide  all  the  tools  that  would  be  required  in 
opening  a  road  and  constructing  bridges  between  the  navigable  points  of  the 
Missouri  and  the  Columbia.  And  200  horses  would  be  amply  sufficient  for  the 
transportation  over  that  route.  These  horses  could  be  obtained  from  the  Paw- 
nees near  Council  Bluffs,  or  from  the  Mandans,  perhaps  not  costing  the  govern- 
ment more  than  $15  to  $20  each  ;  at  all  events,  not  more  than  $25  each.  Fifteen 
hundred  dollars  would  provide  all  the  tools  and  materials  necessary  to  construct 
boats  to  descend  the  Columbia.  The  necessary  expenses  then,  incident  to  the 
movement,  would  be : 


m 


il! 


m 


ipiilitii 


■■■M  i 


44  brown's  pouticai.  history.  1824 

For  ten  boats  at  $700  each $  7i000 

For  intrenching  and  other  tools  necessary  on  the  march _.  1,500 

For  200  horses,  at  $25  each 5,000 

For  tools  and  materials  for  boats  on  the  Columbia 1,500 

Total .--  $15,000 

Add  an  equal  sum  for  unseen  expenses - 15,000 

And  the  whole  amount  required  will  be j $30,000 

To  transport  the  heavy  baggage,  ordnance,  and  a  supply  of  provisions  by  sea 
two  vessel?  at  $7,000  each,  $14,000,  making  the  entire  operations  by  land  and  sea, 
$44,000.  Small  as  this  estimate  may  appear  when  we  consider  the  magnitue  of 
the  object  proposed  to  be  accomplished,  I  feel  confident  that,  if  the  operations 
be  conducted  by  the  military,  it  would  be  more  than  sufficient. 

TH.  S.  JESUP. 

It  will  be  observed,  that  the  idea  of  taking  wagons  to  the  great 
Columbia  basin  never  occurred  to  General  Jesup,  and  that  fact  was 
left  to  be  demonstrated  by  citizen  enterprise  and  heroic  pluck  eighteen 
years  afterwards. 

It  evidently  was  the  intention  of  the  Hudson's  Bay  Company  as 
agents  of  the  British  Government  to,  if  possible,  wrest  from  the  United 
States  the  vast  domain  owned  by  her  on  the  northwest  coast  by  right 
of  discovery,  if  not  by  the  Louisiana  purchase.  The  royal  charter 
was  granted  to  this  company,  May  2,  1670,  and  was  supposed  to 
operate  in  the  country  in  contiguity  to  Hudson's  Bay,  but  they  ex- 
tended their  explorations  and  built  trading  posts  all  over  the  whole 
northwest  territory  and  as  far  south  as  the  northern  boundary  of  the 
Mexican  possessions,  and  drov^e  out  all  competition  either  by  fair  or 
foul  means.  Even  in  the  decadence  of  this  powerful  company  after  a 
remarkable  career  of  nearly  two  centuries,  there  were  on  November 
17,  1847,  239  proprietors  or  members,  representing  a  capital  stock  of 
;^40o,ooo,  or  nearly  $2,000,000.  No  one  could  hold  office  without  he 
held  ;^i,8oo  of  stock,  so  it  was  a  rich  man's  or  aristocratic  institution. 

As  the  bitterness  that  had  been  engendered  between  the  Hudson's 
Bay  Company  and  the  American  Fur  Company  had  grown  to  such  a 
degree  that  the  attention  of  Congress  was  called  to  the  matter. 
Senator  Benton  wrote  a  note  of  inquiry  to  Mr.  Ashley,  one  of  the 
principal  partners  in  regard  the  matter,  receiving  the  following,  which 
was  submitted  by  Mr.  Benton,  December  24,  1827,  and  referred  to  the 
Committee  on  Foreign  Relations,  and  ordered  printed  :* 

1  Poreign  Relatioas,  p.  706,  No.  458. 


I 


iiiin 


1 824 


1827 


PROVISIONAI.  GOVERNMENT. 


45 


$  7.000 

1,500 

5.000 

1,500 

$15,000 

15,000 

$30,000 

•ovisions  by  sea 

y  land  and  sea, 

;he  magnitue  of 

the  operations 

I.  S.  JESUP. 

to  the  great 
that  fact  was 
luck  eighteen 

y  Company  as 
Dm  the  United 
:oast  by  right 
royal  charter 
s  supposed  to 
,  but  they  ex- 
iver  the  whole 
)undary  of  the 
ither  by  fair  or 
impany  after  a 
on  November 
ipital  stock  of 
ice  without  he 
tic  institution. 

I  the  Hudson's 
:own  to  such  a 
o  the  matter, 
ey,  one  of  the 
Uowing,  which 
referred  to  the 


Mr.  Ashley  to  Mr.  Benton. 

St.  Louis,  Nov.  182J. 
Dear  Sir  : — ^Your  letter  making  inquiries  of  me  concerning  trade  and  inter- 
course with  Indians  west  of  the  Rocky  mountains,  &c. ,  is  at  hand.  In  reply,  I 
will  remark  that  I  have  no  knowledge  of  any  of  our  citizens  being  west  of  the 
Rocky  mountains,  upon  the  territory  of  the  United  States,  except  those  employed 
or  equipped  by  me  ;  and,  having  a  pretty  correct  idea  of  the  bounds  of  their  opera- 
tions, can  with  certainty,  say  that  in  no  instance  have  they  advanced  north  of  the 
forty-ninth  degree  of  north  latitude,  the  supposed  boundary  between  the  United 
States  and  Great  Britain.  We  believe  that,  in  extending  our  operations  north  of  that 
boundary,  we  should  greatly  endanger  our  property  and  lives, inasmuch  as  we  should 
be  exposed  to  numerous  hostile  Indians,  who  are  under  the  immediate  influence  of 
British  traders,  as  well  as  those  traders  themselves.  I  have  been  creditably  in- 
formed that  the  Hudson's  Bay  Company  will  not  even  allow  the  men  in  their  serv- 
ice to  trap  beaver  north  of  the  forty-ninth  degree  of  latitude,  west  of  the  Rocky 
mountains.  The  pol  .cy  of  this  regulation  must  be  obvious  to  all,  that  they  intend 
to  make  the  best  use  of  the  privilege  granted  them  by  the  treaty  of  1818,  allowing 
British  subjects  free  trade  and  intercourse  upon  the  territory  claimed  by  the  United 
States  south  of  that  degree  of  latitude.  The  British  have  extended  their  trapping 
excursions  as  far  south  as  the  Mexican  territory  ;  and  appearances  justify  the  be- 
lief that  they  have  been  so  engaged,  between  the  thirty -ninth  and  forty-ninth  de- 
gree of  latitudes,  for  the  last  ten  or  fifteen  years.  I  have  no  criterion  by  which  to 
estimate  the  probable  amount  of  iiirs  taken  by  them  in  that  time,  but  by  the  pro- 
ducts of  the  labor  of  men  employed  or  equipped  by  me  in  the  same  business,  and 
upon  the  same  grounds,  for  the  last  three  years,  and  from  information  derived 
from  men  who  have  been  in  the  service  of  the  Hudson's  Bay  Company  for  many 
years.  The  products  of  the  American  hunters,  ( about  100  in  number, )  for  three 
years  before  mentioned,  averaged  about  $600  annually,  each,  making  a  sum  of 
$180,000  for  that  period  ;  they  collect  those  furs  from  streams  that  had  been  previ- 
ously, and  in  many  instances,  repeatedly,  trapped  by  the  British,  That  the  same 
water  courses  did,  when  first  trapped,  furnish  double  the  quantity  of  furs  in  the 
same  time,  with  the  same  labor,  I  have  not  the  least  doubt. 

In  the  winters  oi  ;824  and  1825,  Mr.  Jedediah  S.  Smith,  with  a  small  party  of 
Americans,  visite  \  <?  ae  of  the  British  establishments  at  the  mouth  of  Flathead  river, 
a  branch  of  the  Columbia.  Mr.  Ogden,  who  had  charge  of  that  post,  informed 
Mr.  Smith,  rather  exultantly,  that  his  party,  composed  of  about  sixty  men,  had 
taken  during  their  operations  in  the  district  of  country  claimed  by  the  Snake  Indi- 
ans, ( a  small  portion  of  our  territory  west  of  the  Rocky  mountains )  85,000  beaver, 
equal  to  ^150,000,  worth  say  $600,000.  The  time  employed  in  collecting  those 
furs,  as  well  as  I  now  recollect,  was  between  two  and  three  years.  A  considerable 
portion  of  our  territory  west  of  the  Rocky  mountains  being  as  yet  unexplored,  the 
extent  of  our  fur  region  is  uncertain  ;  it,  however,  would  not  be  an  extravagant 
estimate  to  include  half  of  the  whole  of  our  territory  west  of  the  thirtieth  degree 
of  longritude,  ( counting  from  Washington  City, )  under  that  denomination  ;  and 
such  is  the  peculiar  situation  of  the  country  that,  under  suitable  regulations,  it 
would  probably  aflFor  I  a  great  quantity  of  furs  for  centuries  to  come.  I  have  been 
brought  to  this  conclusion  from  the  opinions  of  the  most  experienced  hnnters,  and 
in  some  degree  from  my  own  observations,  that,  after  trapping  beaver  where  they 
were  considered  plenty,  until  they  became  so  diminished  in  numbers  as  not  to  jus- 
tify the  hunters  continuing  his  operations  at  the  same  place,  leaving  the  streams 


■■■«■ 


l!  r* 


46 


brown's  political  history. 


oti7 


'Pi  I"! 


■•■;  J 


! 


I   I 


undisturbed  for  five  or  six  years,  they  will,  at  the  expiration  of  that  time,  be  found 
as  numerous  as  when  first  trapped.  The  beaver  is  a  shy,  sagacious  animal ;  they 
become,  after  being  pursued  for  some  time,  to  understand  their  enemies,  and  avoid 
the  traps  set  for  them  ;  consequently  a  sufficient  number  is  left  to  produce  their 
origi»^    _  number  in  the  course  of  five  or  six  years. 

I  have  been  info.med  that  the  British  have  three  or  four  posts  established  south 
of  the  forty-ninth  degree  of  latitude,  but  do  not  know  the  location  of  but  one,  that 
is  at  the  mouth  of  the  Flathead  river,  a  branch  of  the  Columbia,  and  about  the 
center  of  the  territory  west  of  the  Rocky  mountains.  I  have  not  in  every  instance 
answered  the  questions  contained  in  your  communication,  but  have  stated  circum- 
stances which  would  govern  me  in  my  opiuious,  and  which  will  lead  you  to  such 
conclusions  as  those  circumstances  deserve.  Putting  aside  the  impropriety  of  suf- 
fering foreigners  to  enter  upon  our  territory  and  gathering  its  wealth  without  any 
advantage  whatever  to  our  Government,  and  to  the  great  inconvenience  and  injury 
of  our  citizens  engaged  in  the  same  pursuits,  the  serious  consequences  that  may 
arise  from  the  influence  of  foreigners  among  our  western  Indians,  should  be  a  suf- 
ficient objection  to  exclude  them. 

In  relation  to  this  matter,  Missouri  has  the  greatest  cause  to  complain.  We  see 
our  Government  locating  upon  the  western  borders  of  our  State,  numerous  savages 
whose  minds  have  been  already  poisoned  against  us  by  British  influence.  If  the 
same  influence  is  suffered  to  be  experienced  among  the  savages  in  the  region  of 
the  Rocky  mountains,  what  numerous  savage  foe  may  we  expect  at  some  period, 
perhaps  not  far  distant. 

Your  obedient  servant, 
Hon.  Thos.  H.  BENlfON.  W.  H.  ASHLEY. 

There  is  not  the  least  doubt  but  that  the  Hudson's  Bay  Company 
did  all  in  their  power  to  prejudice  the  Indians  west  of  the  Rocky  mount- 
ains against  all  Americans,  stating  that  they  were  women,  and  would 
not  fight  ;  and  this  fact  was  generally  known,  and  probably  had  some 
influence  in  precipitating  the  Whitman  masacre  in  1847. 

The  Merchant's  Journal  of  Sept.  25,  1840,  said:  "It  is  time 
that  the  question  of  jurisdiction  over  the  Oregon  territory,  now  mooted 
by  the  English  and  this  Government,  were  examined  and  facts  clearly 
ascertained  and  settled,  whether  we  are  entitled  to  that  country  as  is 
generally  believed,  or  whether  the  English  can  claim  it  according  to  the 
law  of  nations.  The  longer  the  adjustment  of  this  question  is  delayed, 
the  more  difficult  it  will  be  to  come  to  an  amicable  settlement.  The  Hud- 
son's Bay  Company  already  act  as  if  the  whole  country  west  of  the 
Rocky  mountains  belonged  to  Great  Britain,  to  the  great  detriment  of 
American  citizens,  who  are  engaged  in  similar  undertakings,  and  are 
struggling  with  difficulties  thus  thrown  in  their  way." 

The  St.  Louis  Gazette  says  that  the  value  of  the  furs  and  peltries 
obtained  by  the  American  Fur  Company,  the  last  year  (1839)  consist- 
ing of  beaver,  buffalo,    otter,   deer  skins,  etc.,   is  about  $250,000. 


ol'iy 


1834 


PROVISIONAL   GOVERNMENT. 


47 


time,  be  found 
\  animal ;  they 
nies,  and  avoid 
•  produce  their 

tablished  south 
}f  but  one,  that 
and  about  the 
every  instance 
;  stated  circum- 
ad  you  to  such 
ropriety  of  suf- 
th  without  any 
ence  and  injury 
;nces  that  may 
should  be  a  suf- 

iplain.  We  see 
merous  savages 
fluence.  If  the 
in  the  region  of 
it  some  period, 


HIvEY. 

Jay  Company 
Rocky  mount- 
;/i,  and  would 
ibly  had  some 

"It  is  time 
',  now  mooted 
d  facts  clearly 
country  as  is 
:cording  to  the 
on  is  delayed, 
nt.  TheHud- 
y  west  of  the 
t  detriment  of 
Icings,  and  are 

rs  and  peltries 
;i839)  consist- 
out  1250,000. 


Their  operations  have  been  much  circumscribed  recently,  on  the 
west,  by  the  Hudson's  Bay  Company,  who  possesses  the  great  ad- 
vantage of  introducing  the  goods  required  for  carrying  on  the  trade, 
free  of  duty.  In  the  Rocky  mountain  expedition  undertaken  two  or 
three  years  since,  by  the  American  Fur  Company,  they  sustained  a 
loss  of  $60,000,  being  unable  to  compete  with  the  Hudson's  Bay 
Company  for  the  reasons  above  stated.  The  branch  of  the  latter  com- 
pany, in  the  Columbia,  has  obtained  the  present  season  about  one 
hundred  packs  of  beaver,  worth  $40,000,  two-thirds  of  which  have 
been  taken  on  the  territory  claimed  by  the  United  States.  With  this 
competition,  the  American  Fur  Company  have  found  it  necessary  to 
confine  their  trade  to  the  Missouri  river  and  its  tributaries,  leaving  the 
uncontrolled  possession  of  the  Rocky  mountains  and  the  Oregon  terri- 
tory to  the  English  company. 

Statement  of  skins  sold  by  the  Hudson's  Bay  Company,  for  four 
years,  commencing  with  December,  1834  • 


1834. 


Beaver — 

Martin 

Otter 

Fox,  silver  and  cross 

Fox,  other  sorts 

Muskrat 

Bear 

Ermine 

Fisher 

Lynx 

Mink 

Wolf 

Badger 

Swan 

Raccoon 


98 

64 

22 

I 

8 

649 

7 

5 
14 
25 
8 
I 
7 


,288 

,490 

.303 
,063 

,876 
192 

.457 
491 
,296 

.255 
,100 
,484 
009 
,918 
7K 


1835. 


79,908 
61,005 
15.487 

t)IO 

8,;  n 

1,111,616 

4,127 


2,479 

9.990 

17,809 

3.722 
698 

4,703 
522 


1836. 


46,063 

52,749 

8,432 

471 

1,924 

160,906 

1.715 

1.327 

3,762 

12,218 

307 

201 

12 

99 


1837. 


82,927 
156,118 

15.934 

2,147 

822,861 

738,549 
8,763 

6,115 
31,887 
27,^50 

7,031 
754 

6,600 

585 


Total. 


307,186 

334.362 

62,156 

4.592 

842,361 

2,660,263 

22,062 

491 

15,117 

59,894 

82,277 

19,544 
2,662 

19,233 
1.919 


That  being  over  23,418,109  animals  destroyed  for  their  pelts  and 
furs,  besides  19,238  swans  in  four  years.  The  question  would  natur- 
ally arise  what  could  have  been  the  amount  of  money  that  has  been 
lost  to  the  American  people  and  Government  through  the  almost 
idiotic  policy  of  our  ministers  and  plenipotentiaries  in  granting  joint 
occupancy  to  the  vast  domain  of  the  northwest  and  its  untold  wealth 
of  furs  and  pelts.  As  soon  as  this  cream  of  wealth  had  been  skimmed, 
the  British  Government  evinced  a  desire  to  have  the  momentous  and 
intricate  question  settled,  and  it  was  settled  in  a  short  time  when  Her 
Majesty's  Government  gave  its  consent  to  the  same,  years  afterwards. 

From  18 18  to  1846,  Oregon  was  a  subject  of  diplomatic  ccntro- 


! 

!  n 
\  % 

f 

f   1 

■■1 

i 

; 

i   ^s 


I 


48 


brown's  political  history. 


1834 


versy,  and  the  people  of  the  United  States  became  interested  in  the 
subject  and  called  upon  Congress,  through  petitions  of  individuals,  so- 
cieties, churches,  and  memorials  of  State  I^egislatures,  to  take  some 
action  in  regard  to  the  matter.  Among  the  first  and  most  persistent 
was  "  Hall  J.  Kelly,  A.  M.,  of  Three  Rivers,  Massachusetts,  v«fho  hav- 
ing as  far  back  as  1817,  been  impressed  with  the  importance  of  forming 
American  settlements  in  Oregon,  had  through  long  weary  years,  given 
to  the  subject  the  energies  of  a  cultivated  mind,  and  the  resources  of  a 
fortune  by  no  means  small  at  first,"'  determined  to  go  to  Oregon. 

Mr.  Kelly  crossed  the  continent  and  arrived  at  Vancouver,  October 
15,  1834,  bringing  with  him  Ewing  Young,  a  man  who  possessed  great 
energy  and  determination,  and  was  destined  in  a  few  years  that  he 
lived  to  become  historical.  Mr.  Kelly  on  account  of  ill  health  was 
obliged  to  return  home,  but  did  not  give  up  his  cherished  idea  of  col- 
onizing Oregon,  although  he  never  became  a  settler,  he  did  a  gieat 
deal  to  attract  attention  towards  and  awaken  interest  in  regard  to  Ore- 
gon. 

Captain  Nathaniel  J.  Wyeth  was  the  next  prominent  figure  in  the 
pages  of  history,  he  organized  an  explorirg  expedition  in  1832,  return- 
ing home  che  following  year,  and  in  1 834  sent  a  ship  with  goods  to  the 
Columbia  river,  at  the  same  time  bringing  out  the  first  installment  of 
supplies  for  Rev.  Jason  L<ee's  Methodist  Mission.  Captain  Wyeth 
coming  overland,  escorting  Revs.  Jason  and  Daniel  lyce,  Messrs.  Cyrus 
Shephard  and  P.  E.  Edwards,  laymen.  Dr.  Nutall  and  J.  K.  Towns- 
end,  scientific  gentlemen  ;  the  first  a  botanist,  the  latter  an  ornitholo- 
gist. Captain  Wyeth  remaining  in  the  interior  to  erect  a  trading  post. 
The  remainder  of  the  party  arrived  at  Vancouver  under  escort  of  the 
Hudson's  Bay  Company  employees,  and  were  warmly  welcomed  by 
that  good  man  and  public  benefactor.  Dr.  John  Mclyoughlin,  Chief 
Factor  or  Governor  of  the  Hudson's  Bay  Company  on  the  northwest 
coast. 

Of  Wyeth's  party  of  1832,  there  remained  John  Ball,  Calvin  Tib- 
betts,  Solomon  H.  Smith.  During  that  winter,  Mr.  Ball  taught  a 
school  at  Vancouver,  which  was  the  first  ever  taught  on  the  Pacific 
coast.    Joseph  Gale  also  came  that  year  from  California. 

I  quote  the  following  from  a  document  written  by  Dr.  Mcl/)ughlin 
and  found  among  his  papers  after  his  death,  stating  why  he  advised 
the  missionaries  to  settle  in  the  Willamette  valley,  and  the  sequel 
clearly  demonstrated  his  wisdom  : 

I  J.  Quinn  Thornton,  Pioneer  Proceedings. 


i^     ;  I 


1836 


PROVISIONAL  GOVERNMENT. 


49 


"  In  1834,  Messrs.  Jason  and  Daniel  Lee,  and  Messrs  Walker  and  P.  L.  Edwards 
came  with  Mr.  Wyeth  to  establish  a  mission  in  the  Flathead  country.  I  observed 
to  them  that  it  was  too  dangerous  for  them  to  establish  a  mission  ;  that  to  do  good 
to  the  Indians,  they  must  establish  themselves  where  they  could  collect  them 
around  them  ;  teach  them  first  to  cultivate  the  ground  and  live  more  comfortably 
than  they  do  by  hunting,  and  as  they  do  this,  teach  them  religion  ;  that  the  Wil- 
lamette afforded  them  a  fine  field,  that  they  ought  to  go  there,  and  they  would  get 
the  same  assistance  as  the  settlers.  They  followed  my  advice  and  went  to  the  Wil- 
lamette, and  it  is  but  justice  to  these  pioneers  to  say  that  no  men,  in  my  opinion, 
could  exert  themselves  more  zealously  than  they  did  till  1840,  when  they  received 
a  large  reinforcement  of  forty  or  more  persons,  then  the  new-comers  began  to  neg- 
lect their  duties,  discord  sprung  up  among  them  and  the  mission  broke  up." 

Dr.  Marcus  Whitman  and  Rev.  Samuel  Parker  were  sent  by  the 
American  Board  of  Foreign  Missions  to  explore  the  country  with  a 
view  of  establishing  missions  in  Oregon.  They  traveled  together  until 
they  reached  the  Rocky  mountains,  when  Dr.  Whitman  returned  for 
reinforcements,  and  Mr.  Parker  continued  his  journey,  arriving  that 
year  and  spent  considerable  time  in  traveling  over  the  country,  and  on 
returning  home  wrote  a  very  interesting  book  of  his  trip  and  on  Oregon. 

The  next  year  Dr.  Whitman  accompanied  by  his  wife,  Rev.  H.  H. 
Spalding  and  wife,  Mr.  Wm.  H.  Gray,  secular  agent,  started  across 
the  trackless  plains  and  mountains  for  3,000  miles,  and  arrived  at  Fort 
Walla  Walla,  September  2,  1836,  and  were  kindly  received  by  the  offi- 
cers of  the  Hudson's  Bay  Company.  To  these  two  ladies  belong  the 
historical  honor  of  being  the  first  white  women  who  crossed  the  plains, 
making  the  entire  journey  on  horseback,  but  were  sustained  by  relig- 
ious enthusiasm  to  enter  upon  their  missionary  duties ;  how  well  they 
i  were  rewarded  subsequent  events  will  show.  After  remaining  a  few 
I  days  at  Walla  Walla,  the  party  proceeded  down  the  Columbia  to  Fort 
Vancouver  and  arrived  on  the  1 2th  of  that  month  and  were  cordially 
welcomed  by  Dr.  McIyOUghlin.  In  due  time  these  missionaries  re- 
I  turned  up  the  Columbia  to  the  stations  assigned  them. 

Before  starting  on  their  journey,  Dr.  Whitman  and  Rev.    H.  H, 
[  Spalding  were  furnished  with  the  following  permit  by  the  Secretary  of 
jWar,  lycwis  Cass,  to  settle  in  Oregon.     It  may  be  that  this  permit, 
caused  these  two  gentlemen  to  consider  the  advent  of  the  Catholic 
[priests  as  interlopers,  especially  as  they  were  foreigners. 

War  Department,  Office  of  Indian  Affairs,  1 

March  i,  1836.     j 
Sir  : — At  the  request  of  the  Rev.  Mr.  Green,  of  Boston,  Massachusetts,  I  en- 
Iclose  you  a  permit  for  yourself  and  Dr.  Marcus  Whitman  to  reside  in  the  Indian 
[country  among  the  Flathead  and  Nez  Perces  Indians. 

Very  respectfully,  ALBERT  HERRING. 

IREv.  H.  H,  Spalding,  St.  Louis,  Mo. 


nr* 


I 


.ij.ii,j 


iiilli 


50 


brown's  political  history. 


1837 


The  American  Board  of  Foreign  Missions  having  apprised  the  Department, 
that  they  have  appointed  Dr.  Marcus  Whitman  and  Rev.  H.  H.  Spalding,  both  of 
the  state  of  New  York,  to  be  missionaries  and  teachers  to  reside  in  the  Indian 
country,  among  the  Flathead  and  Ncz  Perces  Indians.  Approving  the  designs  of 
said  board,  these  gentlemen  are  permitted  to  reside  in  the  country  indicated,  and  I 
recommend  them  to  the  officers  of  the  army  of  the  United  States,  to  the  Indian 
agents,  and  to  the  citizens  gv...~'«illy  ;  and  request  for  them  such  attentions  and  aid 
as  will  facilitate  the  accomplishment  of  their  object,  and  protection,  should  cir- 
cumstances require  it. 

Given  under  my  hand  and  seal  of  the  War  Deparment,  this  ist  day  of  March, 
1836.  LEWIS  CASS, 

Sec^  of  War. 

As  a  description  of  Fort  Vancouver  as  it  appeared  at  that  time, 

might  prove  of  interest  at  this  late  day,  I  quote  from  Mr.  Gray  who 

was  one  of  the  party  : 

"  Fort  Vancouver  was  a  stockade,  built  with  fir  logs  about  ten  inches  in  diam- 
eter, set  four  feet  in  the  ground,  and  about  twenty  feet  above,  secured  by  pieces  of 
timber  pinned  on  the  inside,  running  diagonally  around  the  entire  stockade,  which 
at  that  time  covered  or  enclosed  about  two  acres  of  ground.  The  old  fort  as  it  was 
called  was  so  much  decayed  that  the  new  one  was  then  being  built,  and  portions  of 
the  old  one  replaced.  The  storehouses  were  all  built  of  hewn  timbers,  about  six 
inches  thick,  and  covered  with  sawed  boards  one  foot  wide  and  one  inch  thick,  with 
grooves  in  the  edges  of  the  boards,  placed  up  and  down  upon  the  roof,  in  place  of 
shingles  ;  of  course,  in  case  of  knot-hole  or  a  crack,  it  was  a  leaky  concern.  All 
the  houses  were  covered  with  boards  in  a  similar  manner  in  the  new  quarters.  The 
partitions  were  all  upright  boards  planed,  and  the  cracks  battened  ;  floors  were 
mostly  rough  boards,  except  the  office  and  the  Governor's  house,  which  were 
planed.  The  parsonage  was  what  might  be  called  of  the  balloon  order,  covered 
like  the  rest,  with  a  big  mud  and  stone  chimney  in  the  center.  The  partitions  and 
floors  were  rough  boards.  There  were  but  two  rooms,  the  one  used  for  dining 
room  and  kitchen,  and  the  other  for  bed  room  and  parlor.  The  doors  and  gates 
of  the  fort,  or  stockade,  were  all  locked  from  the  inside,  and  a  guard  stationed  over 
the  gate.  In  front  of  the  Governor's  house  was  a  half  circle  double  stairway,  lead- 
ing to  the  main  hall  up  a  flight  of  some  ten  steps.  In  the  center  of  the  semi-circle 
was  one  large  24-pound  cannon  mounted  on  a  ship's  carriage,  and  on  either  side 
was  a  small  cannon,  or  mortar  gun,  with  balls  piled  in  order  about  them,  all  point- 
ing to  the  main  gate  entrance ;  latterly,  to  protect  the  fort  from  the  savages  that 
had  commenced  coming  over  the  Rocky  mountains,  a  bastion  was  built,  said  to  be 
for  saluting  Her  Majesty's  ships  when  they  might  arrive  or  depart  from  the  coun- 
try." 

Naval  Agent  William  A.  Slacum  was  sent  by  the  United  States 
Government  to  the  mouth  of  the  Columbia,  by  sea,  and  arrived  there 
in  1836.  The  following  I  quote  from  his  report  to  the  State  Depart- 
ment, dated  March  8,  1837  : 

"  Fori  Vancouver,  the  principal  depot  of  the  Hudson's  Bay  Company  west  of 
the  Rocky  mountains,  stands  on  a  gentle  acclivity  400  yards  from  shore,  on  the 
north  bank  of  the  Columbia  or  Oregon  river,  about  100  miles  from  its  mouth. 
The  principal  buildings  are  enclosed  in  a  picket,  forming  an  area  of  750  by  450 


i837 


1837 


PROVISIONAL  GOVERNMENT. 


51 


le  Department, 
aiding,  both  of 
in  the  Indian 
the  designs  of 
ndicated,  and  I 
,  to  the  Indian 
entions  and  aid 
ion,  should  cir- 

day  of  March, 
CASS, 
•'jV  of  War. 

at  that  time, 
[r.  Gray  who 

inches  in  diam- 
ired  by  pieces  of 
stockade,  which 
aid  fort  as  it  was 
t,  and  portions  of 
mbers,  about  six 
;  inch  thick,  with 
roof,  in  place  of 
ky  concern.     All 
;w  quarters.   The 
ned ;   floors  were 
use,  which  were 
,n  order,  covered 
'he  partitions  and 
e  used  for  dining 
e  doors  and  gates 
ard  stationed  over 
ble  stairway,  lead- 
of  the  semi-circle 
and  on  either  side 
ut  them,  all  point- 
i  the  savages  that 
IS  built,  said  to  be 
irt  from  the  coun- 

i  United  States 
id  arrived  there 
le  State  Depart- 

jr  Company  west  of 
from  shore,  on  the 
s  from  its  mouth, 
area  of  75°  by  45° 


feet.     Within  are  thirty-four  buildings,  comprising  officers'  dwelling-houses,  and 
workshops   for  the   various   mechanics,  all   of   wood,  except  the   magazine   for 
powder,  which  is  of  brick.     Without  and  near  the  fort,  are  forty-nine  cabins  for 
laborers  and  mechanics,  a  large  barn  and  seven  buildings  attached  thereto ;  an 
hospital  and  large  boat  house  on  the  shore  six  miles  from  the  fort.     On  the  north 
bank  the  company  have  erected  a  sawmill  on  a  never- failing  stream  which  falls 
into  the  Columbia,  which  cuts  over  2,000  feet  of  lumber  daily,  employs  twenty- 
eight  men,  chiefly  Sandwich  Islanders,  and  ten  yoke  of  oxen  ;  the  depth  of  water 
at  the  mill  is  four  fathoms,  where  the  largest  ships  of  the  company  take  in  their 
cargoes  for  the  Sandwich  Island  market.     The  farm  at  Vancouver  contains  at  this 
time  about  3,000  acres  of  land,  fenced  and  under  cultivation,  employing  generally 
100  men,  chiefly  Canadians  and  half-breed   Iroquois ;  the  mechanics  are  Euro- 
peans.    These,  with  the  factors,  traders,  clerks  and  domestics,  may  be  estimated 
at  thirty.     The  laborers  and  mechanics  live  outside  the  fort  in  good  log  cabins, 
two  or  three  families  generally  under  one  roof;  and  as  nearly  every  man  has  a 
wife,  or  lives  with  an   Indian  or  half-breed  woman,  and  as  each  family  has  from 
two  to  five  slaves,  the  whole  number  of  persons  about  Vancouver  may  be  est' 
mated  at  from  750  to  800.     The  police  of  the  establishment  is  as  strict  p.i  the 
best- regulated  military  garrison.     The  products  of  the  farm  this  year  v.ere  8,000 
bushels  of  wheat,  5,500  of  barley,  6,000  of  oats,  9,000  of  peas,  14,000  of  potatoes, 
besides  large  quantities  of  turnips,  rutabaga,  pumpkins,  etc.     About  6,000  bushels 
of  wheat,  old  crop,  remain  on  hand.     Stock  consists  of  about  1,000  head  of  meat 
cattle,  700  hogs,  200  sheep,  450  to  500  horses  and  forty  yoke  of  working  oxen. 
There  are  a  large  threshing  machine,  distillery  (not  at  present  in  operation)  and  a 
gristmill.    The  farm  is  abundantly  supplied  with  implements  for  a  much  larger 
establishment,  and  will  be  much  increased  the  ensuing  year.     A  thriving  orchard 
is  planted.     The  apple,  pear,  quince  and  grape  grow  well.     The  London  ship 
usually  arrives  in  early  spring  ;  discharges,  and  takes  in  a  cargo  of  lumber  for  the 
Sandwich  Islands  ;  returns  in  August  to  receive  the  furs  that  are  brought  to  the 
depot  (Fort  Vancouver)  once  a  year  from  the  interior,  via  Columbia  river,  from 
the  Snake  country,  and  from  the  American  rendezvous  west  of  the  Rocky  moun- 
tains and  from  as  far  south  as  St.  Francisco.     While  one  of  the  company's  vessels 
brings  in  the  furs  and  peltries  collected  at  the  different  depots  along  the  coast  at 
the  north,  the  steamboat  is  employed  in  navigating  the  magnificent  straits  from 
Juan  de  Fuca  to  Stickem.     Immense  quantities  of  furs,  sea  otter,  beaver,  martin 
and  sable,  can  be  collected  along  the  shores  of  these  bays  and  inlets.    *    *    An 
express,  as  it  is  called,  goes  out  in  March  yearly  from  Vancouver,  and  ascends  the 
Columbia  coo  miles  in  batteaux.     One  of  the  chief  factors  take  charge  of  the 
property,  and  conveys  it  to  York  Factory,  on  Hudson's  Bay ;  the  anmiiil  returns 
of  the  busiupe?   oeing  conducted   by  the  Hudson's   Bay  Company  west  ot  the 
Rocky  mountains,  in  the  Columbia  district.     This  party  like' vise  conveys  to  the 
different  forts  along  the  route  goods  suitable  to  the  Indian  trade.     Other  parties 
take  up  supplies,  as  they  may  be  required,  to  W^alla  Walla,  250  miles  above  Van- 
couver ;  to  Colville,  600  miles  above  ;  to  the  fort  at  the  junction  of  Lewis  river, 
700  fniles  further  ;  to  the  south,  to  Fort  M'Roye,  on  the  River  Umpqua,  in  latitude 
43°  50'  north ;  and  last  year.  Chief  Trader  McLeod  took  up  to  the  American 
rendezvous,  in  latitude  43°  north,  a  large  supply  of  British  marmfactures.    This 
assemblage  of  American  trappers  and  hunters  takes  place  annually  on  the  western 
side  of  the  Rocky  mountains,  generally  in  the  month  of  July,  and  amounts  to  450 
to  500  men,  who  bring  the  result  of  their  year's  lubor  to  sell  to  the  American  fur- 
traders.     These  persons  purchase  their  supplies  at  St.  Louis  ;  and,  of  course,  find 


■  in 


52 


brown's  political  history. 


1834 


it  hard  to  contend  with  the  British  company's  agents,  who  have  neither  the  same 
burden  of  duties  on  their  goods,  nor  the  same  arduous  journey." 

Vancouver  was  made  the  headquarters  in  1825,  by  Dr.  McLoughlin, 
A^ho  came  to  this  coast  in  1824.  In  1825,  the  Hudson's  Bay  Company 
had  twenty-five  head  of  cattle,  all  told,  and  as  it  was  very  expensive 
to  obtain  any  by  sea.  Dr.  Mclyoughlin  decided  that  none  should  be 
killed,  except  one  bull  calf  annually  for  rennet  to  make  cheese.  This 
band  of  cattle  had  increased  considerably,  and  Dr.  McLoughlin  made 
a  rule  to  loan  cows  to  those  who  wished  them  for  milk,  but  reserved 
the  ownership  and  increase.  The  reason  he  would  not  sell,  was  that 
those  who  had  ths  means  would  make  purchases  and  then  speculate 
upon  their  poorer  neighbors. 

There  arrived  in  the  Willamette  valley  from  California  in  October, 
1834,  the  party  of  Hall  J.  Kelly  and  Ewing  Young,  with  a  band  of 
nearly  one  hundred  horses  and  mules.  Kelly  has  already  been  spoken 
of  as  having  been  for  years  imbued  with  the  idea  of  forming  American 
settlements  in  Oregon,  and  he  now  entered  the  country  for  the  first 
time,  to  lay  the  foundation  for  the  consummation  of  his  long  cherished 
plans.  They  were  denied  admission  to  Fort  Vancouver  where  they 
arrived  October  15,  in  consequence  of  a  letter  which  had  been  received 
by  Chief  Factor  Mcl^oughlin  from  the  Governor  of  California  in  which 
Kelly  and  Young  were  denounced  as  horse  thieves,  and  their 
party  as  banditti.  But  as  Kelly  was  suffering  with  a  relapse  of 
fever,  of  which  he  had  a  severe  attack  while  crossing  the  mountains 
of  Southern  Oregon,  he  was  furnished  with  a  but  outside  of  the  fort, 
with  medical  aid  and  all  else  necessary  for  his  comfort  during  the 
winter,  This  treatment,  although  humane,  would  have  been  more 
cordial  if  the  letter  had  not  been  received  as  above  spoken  of.  In  the 
following  March  (1835)  Kelly  discouraged  and  disheartened,  took 
passage  in  the  company's  ship  Dryad,  Capt.  Keplin  for  the  Hawaiian 
Islands ;  and  never  returned  to  the  country  which  had  so  long  been 
the  subject  of  his  fondest  hopes  and  brightest  dreams. 

After  leaving  Fort  Vancouver,  Young  had  returned  to  French 
Prairie  in  the  Willamette  valley,  where  he  found  that  the  people  had 
been  cautioned  by  means  of  posted  notices,  to  receive  neither  him  nor 
any  of  his  party  of  bandits  into  their  houses.  Young  tore  dov/n  the 
notices  in  a  rage,  and  by  his  indignant  denials  of  the  charges  against 
him  so  far  modified  the  opinion  of  McL,oughlin  concerning  him  that 
the  latter  wrote  to  Figuerra  in  the  spring  when  the  Cadbow  returned 
to  California,  to  learn  the  basis  of  the  charges  [against  Young.    An 


1 834 


PROVISIONAL   GOVERNMENT. 


53 


answer  to  this  letter  was  received  upon  the  next  arrival  of  the  Cad- 
bow,  stating  that  the  real  thieves,  who  started  with  Young,  had  left 
his  party  when  they  found  they  were  under  suspicion.  This  letter 
exonorated  Young,  and  together  with  his  straightforward  course  since 
arriving  in  the  country,  went  far  toward  repairing  the  mischief  that 
had  been  done  in  the  first  report.  Young  had  located  in  the  Cheha- 
lem  valley,  opposite  ChampcEg  on  the  Willamette  river,  where  he 
devoted  himself  to  raising  horses,  and  afterwards  erected  a  sawmill 
and  distillery,  being  assisted  in  the  latter  by  Lawrence  Carmichael 
who  had  accompanied  him  from  California;  but  upon  receiving  a  letter 
from  the  missionaries  and  other  settlers  asking  him  for  the  best  inter- 
est of  the  community  to  desist  from  his  undertaking,  and  offering  to 
reimburse  him  for  his  expenditures,  abandoned  his  distillery,  but 
would  accept  no  compensfltion  for  his  loss.  Being  of  a  practical  turn 
and  realizing  the  necessity  for  cattle  in  the  country,  aside  from  the 
few  owned  by  the  Hudson's  Bay  Company,  Young  suggested  the 
formation  of  a  company  to  purchase  cattle  in  California  where  they 
could  be  bought  very  cheaply,  A  meening  was  accordingly  called  at 
Champoeg  for  that  purpose,  which  was  largely  attended  by  both  Cana- 
dians, and  Americans ;  where,  with  the  active  influence  of  Rev,  Jason 
lyce,  a  company  known  as  theWil.'amette  Cattle  Company,  was  formed 
with  Young  as  superintendent,  Lee  as  financial  agent,  and  P.  L. 
Edwards  as  treasurer.  The  sum  of  $i,6oo  was  raised  in  the  Willam- 
ette valley ,  $500  being  contributed  by  Naval  Agent  Slacum  and  the 
remainder  raised  among  the  settlers.  Notwithstanding  the  statement 
in  Hines  Oregon  History  p.  23,  that  the  organization  of  the  company 
was  indirectly  opposed  by  the  authorities  at  Fort  Vancouver ;  and  in 
Graves  156  ;  that  they  did  it  directly  and  did  all  they  dared  to  do, 
openly  and  secretly,  to  prevent  the  bringing  of  that  band  of  cattle  into 
the  country ;  and  the  more  serious  charges,  which  is  more  than 
implied  by  Mr.  Gray,  that  the  Hudson's  Bay  Company  incited  the 
Fogue  River  Indians  to  destroy  the  expedition,  when  returning  from 
California  with  the  cattle.  There  is  very  good  evidence  that  Dr. 
McIyOUghlin  subscribed  a  considerable  portion  of  the  cattle  company's 
capital.     The  exact  amount  subscribed  by  him  is  not  clearly  settled.^ 

I  Daniel  Lee  states,  Lee  and  Frost's  Oregon  144-6,  that  800  -were  purchased  at  $3  per  head- 
and  forty  horses  at  $12  a  head,  making  the  whole  outlay  {2,880 ;  but  does  not  account  for  the  sub- 
scription to  the  capital  Of  anymore  than  $1,600  furnished  by  Slacum  and  the  settlers.  Bancroft 
Hist.  ofOrn.  141  says  that  nearly  $900  was  added  by  McLoughlin  ;  but  Lee  says  that  the  whole  out- 
lay was  $2,880,  is  true,  it  is  likely  that  McLoughlin's  claim  that  he  took  half  the  stock  is  more 
nearly  correct,  as  $1,280  must  be  accounted  for  in  addition  to  the  $1,600  taken  by  Slacum  and  the 
settlers. 


' 


54 


brown's  poutical  history. 


1837 


The  following  is  Dr.  McLoughlin's  statement  on  the  subject : 

"  In  1836  we  found  means  of  forming  a  company  to  go  to  California  for  cattle. 
I  took  half  the  stock  for  the  Hudson  Bay  Company,  so  that  by  purchasing  a 
larger  number  (as  the  expense  ot  driving  five  hundred  or  a  thousand  was  the 
same)  as  it  would  make  the  cattle  cheaper.  Those  of  the  settlers  that  had 
means  put  it  in  the  stock,  those  that  nad  none,  engaged  as  drivers  at  one  dollar 
per  day  to  be  paid  in  cattle  at  their  actual  cost.  Mr.  Slacum,  who  came  here 
in  a  chartered  vessel,  gave  them  a  passage  gratis  from  this  place  to  San  Fran- 
cisco. Mr.  Ewing  Young  was  selected  to  conduct  the  party.  Mr.  P.  L.  Ed- 
wards, who  came  with  Messrs.  Lee,  of  the.  Methodist  Mission,  but  now  a  law- 
yer in  California,  was  appointed  treasurer.  They  bought,  I  think,  about 
seven  hundred  head  of  cattle,  which  cost  eight  dollars  per  head  rendered.  In 
the  Willamette,  the  settlers  kept  the  tame  and  broken-in  oxen  they  had  belong- 
ing to  the  Hudson  Bay  Company,  and  gave  their  California  wild  cattle  in  the 
place,  so  that  they  found  themselves  stocked  with  tame  cattle  which  cost  them 
only  eight  dollars  per  head,  and  the  Hudson  Bay  Company,  to  favor  the  settlers, 
took  calves  in  place  of  grown  up  cattle,  because  the  Hudson  Bay  Company 
wanted  them  for  beef.  These  calves  would  grow  up  before  they  were  required." 
—McLoughlin' s  MS. 

I  can  find  no  authority  in  any  of  the  writings  by  Americans  or 
British,  which  could  possibly  lead  to  the  conclusion  that  the  Iiudson's 
Bay  Company  had  anything  to  do  with  the  attack  upon  Young  and  party 
by  the  Rogue  River  Indians  ;  a  charge  which  is  likewise  a  charge 
against  Dr.  McL/Oughlin,  as  he  was  the  head  of  the  company,  and  no 
order  or  action  was  taken  by  any  officer  or  servant  without  his  direc- 
tion or  sanction.  Moreover,  it  is  well  known  that  the  Rogue  River 
Indians,  from  the  first  time  they  ever  saw  a  white  man,  were  robbers, 
thieves  and  murderers,  always  ready  to  attack  any  party  they  thought 
possible  to  destroy,  a  characteristic  which  they  maintained  until  finally 
subdued  and  expelled  from  this  country  years  afterward. 

In  May,  1837,  the  Methodist  mission  received  a  reinforcement  ot 
nine  men  and  seven  women,  the  latter  being  the  first  to  come  to 
the  Methodist.  Of  the  party  there  were  several  men  who  assisted 
materially  in  the  formation  of  the  Pro^^isional  Government.  During 
the  same  year  quite  0  number  of  Independent  settlers  arrived,  and  the 
number  increased  up  to  1840,  when  the  missionaries  and  others  num- 
bered about  137  and  63  Canadians,^  mostly  in  the  Willamette  valley. 

On  March  16,  1838,  a  mass  meeting  of  the  citizens  was  held  in  the 

Willamette  valley,  and  the  following  memorial  was  drawn  up  and  sent 

to  Mr.  Linn,  who  presented  it  to  the  Senate,  Monday,  January  28,  1839  : 

To  the  Honorable  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America :  The  undersigned,  settlers  of  the  Columbia  river,  beg  leave 
to  represent  to  your  honorable  body,  that  our  settlement,  began  in  the  year  1832, 


i837 


"or  cattle. 
;hasing  a 

was  the 

that  had 
jne  dollar 
ame  here 
sail  Fran- 

P.  L.  Ed- 
)w  a  law- 
ik,  about 
lered.  In 
ad  belong- 
tle  in  the 
cost  them 
tie  settlers, 

Company 
required." 

iricans  or 
Hudson's 
and  party 
a  charge 
y,  and  no 
his  direc- 
igue  River 
e  robbers, 
;y  thought 
ntil  finally 

rcement  ot 
o  come  to 
lo  assisted 
t.     During 
id,  and  the 
ithers  uum- 
ette  valley, 
held  in  the 
up  and  sent 
•y  28,  1839'- 
f  the  United 
rer,  beg  leave 
he  year  1832, 


1838 


PROVISIONAL  GOVERNMENT. 


55 


« 


has  hitherto  prospered  beyond  the  most  sauguine  expectations  of  its  first  pro- 
jectors. The  products  of  our  fields  have  amply  justified  the  most  flattering  de- 
scriptions ot  the  fertility  of  the  soil,  while  the  facilities  which  it  affords  for  rais- 
ing cattle  are,  perhaps,  exceeded  by  those  of  no  country  in  North  America.  The 
people  of  the  United  States,  we  believe,  are  not  generally  apprised  of  the  extent 
of  valuable  country  west  of  the  Rocky  mountains.  A  large  portion  of  the  terri- 
tory from  the  Columbia  river  south,  to  the  boundary  line  between  the  United 
States  and  the  Mexican  Republic,  and  extending  from  the  coast  of  the  Pacific 
about  250  or  300  miles  to  the  interior,  is  either  well  supplied  with  timber  or 
adapted  to  pasturage  or  agriculture.  The  fertile  valleys  of  the  Willamette  and 
Unipqua  are  varied  with  prairies  and  woodland,  and  intersected  by  abundant 
lateral  streams,  presenting  facilities  for  machinery.  Perhaps  no  country,  of  the 
same  latitude,  is  favored  with  a  climate  so  mild.  The  winter  rains,  it  is  true,  are 
an  objection  ;  but  they  are  generally  preferred  to  the  snows  and  intense  cold 
which  prevails  in  the  northern  parts  of  the  United  States.  The  ground  is  seldom 
covered  with  snow,  nor  does  it  ever  remain  but  a  few  hours. 

We  need  hardly  allude  to  the  commercial  advantages  of  the  territory.  Its 
happy  position  for  trade  with  China,  India  and  the  western  coast  of  America  will 
be  readily  recognized.  The  growing  importance,  however,  of  the  islands  of  the 
Pacific  is  not  so  generally  known  and  appreciated.  As  these  islands  progress  in 
civilization  their  demand  fcr  the  produce  of  more  northern  climates  will  increase. 
Nor  can  any  country  supply  them  with  beef,  flour,  etc.,  on  terms  so  advantageous 
as  this.  A  very  successful  effort  has  been  recently  made  at  the  Sandwich  Islands 
in  the  cultivation  of  coffee  and  sugar  cane.  A  colony  here  will,  in  time,  thence 
easily  derive  these  articles  and  other  tropical  products  in  exchange  for  the 
products  of  their  own  labor.  We  have  briefly  alluded  to  the  natural  resources  of 
the  country,  and  to  its  external  relations.  They  are,  in  our  opinion,  strong  in- 
ducements for  the  Government  of  the  United  States  to  take  formal  and  speedy 
possession.  We  urge  this  step  as  promising  to  the  general  interests  of  the  nation. 
But  the  advantages  it  may  confer  upon  us,  and  the  evils  it  may  avert  from  our 
posterity,  are  incalculable. 

Our  social  intercourse  has  thus  far  been  prosecuted  with  reference  to  feelings 
of  honor,  to  the  feelings  of  dependence  on  the  Hudson's  Bay  Company,  and  to 
their  moral  influence.  Under  this  state  of  things,  we  have  thus  far  prospered, 
but  we  cannot  hope  that  it  will  continue.  The  agricultural  and  other  resources  of 
the  country  cannot  fail  to  induce  emigration  and  commerce.  As  our  settlement 
begins  to  draw  its  supplies  through  other  channels,  the  feeling  of  dependence 
upon  the  Hudson's  Bay  Company,  which  we  have  alluded  to  as  one  of  the  safeguards 
of  our  social  intercourse,  will  begin  to  diminish.  We  are  anxious  when  we 
imagine  what  will  be,  what  must  be,  the  condition  of  so  mixed  a  community,  free 
from  all  legal  restraint,  and  superior  to  that  moral  influence  which  has  hitherto 
been  the  pledge  of  our  safety. 

Our  interests  are  identified  with  those  of  the  country  of  our  adoption.  We 
flatter  ourselves  that  we  are  the  germ  of  a  great  state,  and  are  anxious  to  give  an 
early  tone  to  the  moral  and  intellectual  character  of  its  citizens.  We  are  fully 
aw8:w,  too,  that  the  destinies  of  our  posterity  will  be  intimately  affected  by  the 
character  of  those  who  emigrate  to  the  country.  The  territory  must  populate. 
The  Congress  of  the  United  States  must  say  by  whom.  The  natural  resources  of 
the  country,  with  a  well-judged  civil  code,  will  invite  a  good  community.  But  a 
good  community  will  hardly  emigrate  to  a  country  which  promises  no  protection 
for  life  or  property.     Inquiries  tiave  already  been  submitted  to  some  of  us  for  in- 


i 


.,'1 


;..^f'! 


m 


Blr 


I       i 


^        I' 


ma 


56 


brown's  political  history. 


1838 


formation  of  the  country.  In  return,  we  can  only  speak  of  a  country  highly  fav- 
ored by  nature.  We  can  boast  of  no  civil  code.  We  can  promise  no  protection 
but  the  ulterior  resort  of  self-defense.  By  whom,  then,  shall  our  country  be  popu- 
lated? By  the  reckless  and  unprincipled  adventurer,  not  by  the  hardy  and  enter- 
prising pioneer  of  the  west.  By  the  Botany-boy  refugee,  by  the  renegade  of 
civilization  from  the  Rocky  mountains,  by  the  profligate,  deserted  seamen  from 
Polynesia,  and  the  unprincipled  sharpers  from  South  America.  Well  are  we 
assured  that  it  will  cost  the  Government  of  the  United  States  more  to  reduce  ele- 
ments of  discord  to  social  order,  than  to  promote  our  permanent  peace  and  pros- 
perity bj'  a  timely  act'on  of  Congress.  Nor  can  we  suppose  that  so  vicious  a 
population  could  be  relied  on  in  case  of  a  rupture  between  the  United  States  and 
any  other  power. 

Our  intercourse  with  the  natives  among  us,  guided  much  bj  the  same  in- 
fluence which  lias  promoted  harmony  among  ourselves,  has  been  generally  pacific. 
Bnt  the  same  causes  which  will  interrupt  harmony  among  ourselves,  will  also 
interrupt  our  friendly  relations  with  the  natives.  It  is,  therefore,  of  primary  im- 
portance, both  to  them  and  to  us,  that  the  Government  shou'  I  take  energetic 
measures  to  secu*-"  the  execution  of  all  laws  affecting  Indian  trauc  uu  the  inter- 
course of  white  u.jn  and  Indians.  We  have  thus  briefly  shown  that  the  security 
of  our  persons  and  our  property,  the  hopes  and  destinies  of  our  children  are  in- 
volved in  the  objects  of  our  petitions.  We  do  not  persunie  to  suy^est  the  manner 
in  which  the  country  should  be  occupied  by  the  Government,  nor  ihe  extent  to 
which  our  settlement  should  be  encouraged.  We  confide  in  the  wisdom  of  our 
national  legislators,  and  leave  the  subject  to  their  candid  deliberations,  and  your 
petitioners  will  ever  pray.  J.   U  WHITCOMB, 

March  16,1838.^  And  thirty-five  others. 


Wednesday,  February  7,  1838,  "Mr.  lyinn,  of  Missouri,  on  leave, 
introduced  a  bill  authorizing  the  occupation  of  the  Columbia  or 
Oregon  river.  [Establishing  a  territory  north  of  latitude  42°,  and  west 
of  the  Ro^^Vy  mountains,  to  be  called  the  Oregon  territory  ;  authoriz- 
ing the  establishment  of  a  fort  on  that  river,  and  the  occupation  of 
the  country  by  the  military  force  of  tlie  United  States  ;  establishing  a 
port  of  entry,  and  requiring  that  the  country  should  then  be  held  sub- 
ject to  the  revenue  laws  of  the  United  States ;  with  an  appropriation 
of  $50,000.] 

This  bill  was  referred  to  a  select  committee  of  five,  with  Mr.  I,inn 
as  chairman,  and  on  February  13,  he  introduced  a  resolution  "  calling 
upon  the  Secretary  of  War  for  information  in  his  possession  and  a 
map  embracing  recent  discoveries  in  the  country  claimed  by  the 
United  States  in  the  western  slope  of  the  Rocky  mountains  to  the 
Pacific  ocean." 

May  6,  1838,  a  detailed  report  was  ordered  printed,  but  I  have  been 

iBancrofl  says  this  was  signed  by  ten  preachers  and  laymen,  Ewiug  Young  and  ten  other 
colonists,  and  nine  French  Canadians,  and  at  the  same  time  took  occasion  to  make  some  very  un- 
just remarks  in  regard  to  Rev.  Jason  Lee. 


ill!  II 


1838 


PROVISIONAL  GOVERNMENT. 


57 


unable  to  find  or  obtain  a  copy.  This  bill  did  not  pass,  as  the  South- 
ern members  opposed  everything  pertaining  to  Oregon  on  account  of 
the  "everlasting  nigger,"  while  some  of  the  Northern  members  were 
afraid  of  creating  trouble  with  Great  Britain,  and  could  not  be  made 
to  believe  that  the  country  was  worth  quarreling  about. 

During  this  year  (1838),  the  Ameiican  Board  of  Commissioners  of 
Foreign  Missions  sent  Mr.  William  H.  Gray  and  wife.  Revs.  Klkanah 
Walker  and  wife  and  Gushing  Eells  and  wife,  and  A.  B.  Smith  and 
wife,  and  Cornelius  Rogers,  as  reinforcement  to  the  church  denomi- 
nation of  Dr.  Whitman,  and  reached  the  latter's  station  in  September 
of  that  year.  Of  this  party,  Mr.  Gray  had  returned  the  year  be- 
fore for  that  purpose.  This  same  year  Revs.  F.  N.  Blanchet  and 
Demerre  came  as  u.l.-.sionaries  of  the  Catholic  faith.  The  three  prin- 
cipal churches  in  the  country  at  this  time  were  represented  by  Congre- 
gationalists,  thirteen  ;  Methodist  Episcopal  church,  sixteen  ;  Catholics, 
two,  being  a  total  of  thirty-one,  and  were  distributed  as  follows; 
Congregationalists,  in  what  is  now  Eastern  Oregon  and  Washington  ; 
Methodists,  in  the  Willamette  valley,  with  one  station  at  The  Dalles  ; 
the  Catholics,  with  headquarters  at  Vancouver.  ^ 

"The  first  printing  press  in  Oregon  was  received  as  a  donation 
from  the  mission  of  the  American  Board  of  Foreign  Missions  in  the 
Sandwich  Islands  to  the  mission  ot  the  board  in  Oregon.  It  reached 
its  destination  at  L,apwai,  and  was  put  in  operation  by  Mr.  E.  O. 
Hall,  of  the  Sandwich  Islands  Mission,  and  commenced  printing  books 
in  the  Nez  Perce  language.  Both  Mr.  Rogers  and  Mr.  Spalding 
soon  learned  to  set  type,  and  print  the  small  books  required  for  the 
Indian  schools  that  had  been  kept  at  the  stations.  The  books  and  in- 
structions were  furnished  gratuitously  to  all  the  Indians  that  wished 
to  receive  them.""  From  a  letter  written  to  me  by  Mr.  M.  G.  Foisy 
(only  a  short  time  previous  to  his  death),  dated  Gervais,  March  3, 
1879,   he  says  :     *     *     *     jn   1844- 1845   I  printed  for  Rev.   H.  H. 


lOti  June  26,  1838,  Mrs.  Anna  Maria  Pitman,  wife  of  Rev.  Jason  Lee,  died  at  the  'nissiou,  about 
eight  miles  below  Salem.  Afterwards  she  was  taken  up  and  removed  to  the  Missio.i  cemetery  at 
Salem,  where  a  plain  tombstone  was  erected,  on  which  was  inscribed  the  following  :  '  Beneath  th's 
sod,  the  first  ever  broken  in  Oregon  for  the  reception  of  a  white  mother  and  child,  lie  buried  the 
remains  of  Anna  Maria  Pitman,  wife  of  Rev.  Jason  Lee,  and  infant  son.  She  sailed  from  New 
York  in  July,  1836  ;  landed  in  Oregon,  June,  1837;  was  married  in  July,  1837,  and  died  June  26, 
1838,  in  the  full  enjoyment  of  that  love  which  constrained  her  to  leave  all  for  Christ  and  heathen 
souls.  So  we  have  left  all  and  followed  Thee  ;  what  shall  we  have  therefore'  In  this  same  ceme- 
tery Rev.  David  Leslie,  wife  and  one  daughter,  Rev.  A.  F.  Waller  and  several  of  his  family,  and 
other  early  missionaries  and  settlers  are  buried. 

2Gray's  History,  p.  184. 


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58 


brown's  politicai,  history. 


1839 


Spalding  and  Dr.  Whitman  a  small  Nez  Perce  and  English  vocabu- 
lary and  Matthews'  gospel,  translated  by  them.^ 

When  the  station  at  L,apwai  was  abandoned  by  Rev.  H.  H.  Spald- 
ing, the  printing  press  and  material  was  brought  to  the  Willamette 
valley,  and  through  the  efforts  of  the  late  Judge  J.  Quinn  Thornton,  it 
was  donated  to  the  State  of  Oregon  and  placed  in  charge  of  the  Secre- 
tary of  State.  It  is  now  looked  upon  as  a  curcsity,  being  what  is  called 
a  Ramage  press  and  can  only  take  a  form  about  12x14.  1*he  ink  was 
first  distributed  by  "inkballs,"  made  out  of  wool  and  covered  with 
leather,  but  Mr.  Foisy  made  a  roller  which  is  still  with  it,  but  shows 
great  age. 

While  the  people  of  Oregon  were  doing  all  that  they  could  to  at- 
tract the  attention  of  Congress,  there  were  a  great  many  in  the  Eastern 
and  Western  State  who  were  moving  in  the  same  direction.  The  fol- 
lowing is  a  sample  of  the  petitions  received  by  that  body  : 

To  the  honorable  Senate  and  House  of  Representatives  of  the  United  Stxtes : 
Your  petitioners  would  respectfully  represent  to  your  honorable  bodies  that  they 
have  with  other  gentlemen  formed  an  association  by  the  name  of  the  Oregon  Pro- 
visional Emigratiun  Society,  the  object  of  which  is  to  plant  in  the  United  States 
territory  west  of  the  Rocky  mountains,  settlements  of  American  citizens  of  un- 
doubted character  for  christian  morality,  and  in  order  the  more  safely  and  advan- 
tageously to  accomplish  their  purposes,  they  pray  that  such  special  privileges  and 
immunities  may  be  granted  them  as  shall  in  the  judgment  of  your  honorable  bodies 
be  consistent  with  the  honor  and  interests  of  the  United  States,  and  calculated  to 
promote  the  welfare  of  settlers  in  Oregon. 

January  22,  18,59. 
Charles  Haywood,  Cha's.  K.  True, 

A..  D.  Sargeant,  William  Walden, 

Fredrick  P.  Tracy,  Saneord  Benton, 

Wm.  B.  Pike,  Amos  Walton, 


Stephen  G.  Hiler,  Jr., 
Joshua  B.  Harrison, 
James  Pool, 
Dexter  S.  King. 


During  the  year  1839,  the  settlements  of  Oregon  were  augmented  by 
the  arrival  of  several  Americans,  also  the  missionary  ship  Lausanne, 
Captain  Spaulding,  arrived  in  June,  with  a  large  and  well  equipped 
reinforcement  to  the  Methodist  mission  ;  there  being  eight  ministers, 
five  laymen,  one  physician  —  all  accompanied  by  their  wives,  fifteen 
children  and  five  single  ladies — forty-eight  in  all.  This  expedition  cost 
about  .  12, 000.  During  this  year,  Mrs.  Whitman  gave  birth  to  a 
daugi  t'"  the  first  white  child  born  on  the  Pacific  coast,  who  was  drowned 
in  the  vValla  Walla  river  two  years  afterwards ;  Mrs.  Spalding  the 
sei'onu,  a  daughter,  and  Mrs.  Elknnah  Walker,  the  first  son. 

iMr.  Foisy  was  a  French  Canadian,  and  a  printer  by  trade  ;  he  came  to  this  country  from  St, 
Louis  in  1844,  and  for  a  number  of  years  he  lived  near  Gervais,  where  he  died  respected  and 
honored  by  all. 


1 839 


PROVISIONAI,  GOVERNMENT. 


59 


To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States 

of  America  in  Congress  assembled: 

Your  petitioners  represent  unto  your  honorable  bodies,  that  they  are  resi- 
dents in  the  Oregon  territory,  and  citizens  of  the  United  States,  or  persons  desir- 
ous of  becoming  such. 

They  further  represent  to  your  honorable  bodies,  that  they  have  settled 
themselves  in  said  territory,  under  the  belief  that  it  was  a  portion  of  the 
public  domain  of  said  states,  and  that  they  might  rely  upon  the  Gov- 
ernment thereof  for  the  blessings  of  free  institutions,  and  the  protection  of  its 
arms. 

But  your  petitioners  further  represent,  that  they  are  uninformed  of  any 
acts  of  said  Government  by  which  its  institutions  and  protection  are  ex- 
tended them ;  in  consequence  whereof,  themselves  and  families  are  exposed 
to  be  destroyed  by  the  savages  around  them,  and  others  that  would  do  them 
harm. 

And  your  petitioners  would  further  represent,  that  they  have  no  means  of 
protecting  their  own  and  the  lives  of  their*  families,  other  than  self-constituted 
tribunals,  originating  and  sustained  by  the  power  of  an  ill-instructed  public 
opinion,  and  the  resort  to  force  and  arms. 

And  your  petitioners  represent  these  means  of  safety  to  be  an  insufficent  safe- 
guard of  life  and  projierty,  and  that  the  crimes  of  theft,  murder,  infanticide,  &c. , 
are  increasing  among  them  to  an  alarming  extent ;  and  your  petitioners  declare 
themselves  unable  to  arrest  this  progress  of  crime,  and  its  terrible  consequences, 
without  the  aid  of  law,  and  tribunals  to  administer  it. 

Your  petitioners  therefore  pray  the  congress  of  the  United  States  of  America 
to  establish,  as  soon  as  may  be,  a  territorial  government  in  the  Oregon  territory. 

And  if  reasons  other  than  those  above  presented  were  needed  to  induce  your 
honorable  bodies  to  grant  the  prayer  of  the  undersigned,  your  petitioners,  they 
would  be  found  in  the  value  of  this  territory  to  the  nation,  and  the  alarming  cir- 
cumstances that  portend  its  loss. 

Your  petitioners,  in  view  of  these  last  considerations,  would  represent  that  the 
English  Government  has  had  a  surveying  squadron  on  the  Oregon  coast  for  the 
last  two  years,  emjjloyed  in  making  accurate  surveys  of  all  its  rivers,  bajs,  and 
harbors ;  and  that,  recently,  the  said  Government  is  said  to  have  made  a  grant  to 
the  Hudson's  Bay  Company,  of  lands  lying  between  the  Columbia  river  and 
Puget's  Sound  ;  and  that  said  company  is  actually  exercising  unequivocal  acts  of 
ownership  over  said  lands  thus  granted,  and  opening  extensive  farms  upon  the 
same. 

And  your  petitioners  represent  that  these  circumstances,  connected  with 
other  acts  of  said  company  to  the  same  effect,  and  their  declarations  that  the 
English  Government  own  and  will  hold,  as  its  own  soil,  that  portion  of  the 
Oregon  territory  situated  north  of  the  Columbia  river,  together  with  the  import- 
ant fact  that  the  said  company  are  cutting  and  sawing  into  lumber,  and  shipping 
to  foreign  ports,  vast  quantities  of  the  finest  pine  trees  upon  the  navigable  waters 
of  the  Columbia,  have  led  your  petitioners  to  apprehend  that  the  English  Gov- 
ernment do  intend,  at  all  events,  to  hold  that  portion  of  this  territory  lying  north 
of  the  Columbia  river. 

And  your  petitioners  represent,  that  the  said  territory,  north  of  the  Columbia, 
is  an  invalnabe  possession  to  the  American  Union  ;  that  in  a-.id  about  Puget's 
Sound,  are  the  only  harbors  of  easy  access,  and  commodious  ivnd  safe,  upon  the 


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60 


brown's  political  history. 


1840 


whole  coast  of  the  territory  ;  and  that  a  great  part  of  this  said  northern  portion 
of  the  Oregon  territory  is  rich  in  timber,  water  power,  and  valuable  minerals. 
For  these  and  other  reasons,  your  petitioners  pray  that  Congress  will ' ,/ iblish 
its  sovereignty  over  said  territory. 

Your  petitioners  would  further  represent,  that  the  country  south  of  the 
Columbia  river  and  north  of  the  Mexican  line,  and  extending  from  the  Pacific 
ocean  one  hundred  and  twenty  miles  in  the  interior,  is  of  unequaled  beauty  and 
fertility.  Its  mountains,  covered  with  perpetual  snows,  pouring  into  the  prairies 
around  their  bases  transparent  streams  of  the  purest  water ;  the  white  and  black 
oak,  pine  and  cedar,  and  fir  forests  that  divide  the  prairies  into  sections  conven- 
ient for  farming  purposes  ;  the  rich  mines  of  coal  in  its  hills,  and  salt  springs  in 
its  valleys,  its  quarries  of  limestone,  sandstone,  chalk,  and  marble  ;  the  salmon  of 
its  rivers,  and  the  various  blessings  of  the  delightful  and  healthy  climate,  are 
known  to  us,  and  impress  your  petitioners  with  the  belief  that  this  is  one  of  the 
most  favored  portions  of  the  globe. 

Indeed,  the  deserts  of  the  interior  have  their  wealth  of  perpetual  pasturage, 
and  their  lakes  evaporating  in  sumt^er,  and  leaving  in  their  basins  hundreds  of 
bushels  of  the  purest  soda.  Many  other  circumstances  could  be  named,  showing 
the  importance  of  this  territory  in  a  national,  commercial,  and  agricultural  point 
of  view.  And,  although  your  petitioners  would  not  undervalue  considerations  of 
this  kind,  yet  they  beg  leave  especially  to  call  the  attention  of  Congress  to  their 
own  condition  as  an  infant  colony,  without  milita'-y  force  or  civil  institutions,  to 
protect  their  lives,  and  property,  and  children,  sanctuaries  and  tombs,  from  the 
hands  of  uncivilized  and  merciless  savages  around  them.  We  respectfully  ask  for 
the  civil  institutions  of  the  American  Republic.  We  pray  for  the  high  privileges 
of  American  citizenship  ;  the  peaceful  enjoyment  of  life  ;  the  right  of  acquiring, 
possessing,  and  using  property ;  and  the  unrestrained  pursuits  of  rational  happi- 
ness.   And  for  this  your  petitioners  will  forever  pray. 

DAVID  LESLIE,  and  others. 

Feb.  27,  1840,  Mr.  Toppati  of  Ohio,  presented  a  petition  from  238 
citizens  of  that  state,  asking  aid  of  Congress  in  making  a  settlement 
in  Oregon  territory,  on  I^ewis  river,  by  making  such  grants  as  may  be 
deemed  proper.  On  the  same  day  Mr.  Allen  presented  a  petition 
from  133  citizens  of  Ohio,  praying  that  the  laws  of  the  United  States 
may  be  extended  over  the  territory  of  Oregon.* 

Oregon.— The  bill  submitted  by  Mr.  Linn,  iu  the  Senate  of  the  United  States 
relates,  relative  to  this  fine  territory,  proposes  that  Congress  shall  provide  a 
bounty  of  640  acres  of  land  for  every  white  male  inhabitant  of  said  territory  of  the 
age  of  18  years,  or  upwards,  who  shall  cultivate  and  use  the  same  for  five  consec- 
utive years.  There  has  never  been  a  final  adjustment  of  the  question  between 
this  country  and  Great  Britain  concerning  the  right  to  the  Oregon  region.  Our 
claim  rests  partly  upon  the  first  discovery  of  the  mouth  of  the  Columbia  or  Ore- 
gon river  and  the  subsequent  exploration  of  the  country  by  Lewis  and  Clarke ; 
and  the  right  is  still  further  secured  by  the  Florida  treaty,  which  vests  in  the 
United  States  all  the  rights  of  Spain  in  the  northwest  from  California  to  the 
Russian  settlements.     The  Spanish  explorations  of  the  coa?t  were   made  earlier 

I  Niles'  Register,  March  7,  1840. 


1840 


PROVISTONAL   GOVERNMENT. 


61 


than  those  of  England,  and  so  far  as  such  priority  may  give  superior  right  the  same 
belongs  to  the  United  States  by  virtue  of  thfe  transfer  from  Spain.  In  our  treaties 
and  negotiations  with  England,  the  settlement  of  our  exact  boundary  line  in  this 
direction  has  always  been  deferred  or  left  incomplete.  In  the  meantime  a  p(>wtr- 
ful  agent  or  instrument  of  British  influnce,  the  Hudson's  Bay  Company,  has  fixed 
itself  upon  the  territory  and  has  extended  its  operations  over  a  vast  region. 
Within  a  year  or  two  past  the  attention  of  public  men  in  this  country  has  been 
turned  occasionally  to  the  subject,  and  its  great  importance  is  beginning  to  be 
acknowledged.  It  will  perhaps  cost  some  trouble  to  retrieve  what  has  been 
suffered  to  go  contrary  to  our  interests  and  rights,  through  remissness  on  the  part 
of  the  nation  hilherLo. — Baltimore  Americaji. — 1840. 

On  April  21,  1840,  Senator  Young,  presented  from  Levi  Young 
and  other  citizens  of  Kentucky,  asking  grants  of  lands  in  Oregon, 
and  permission  to  take  their  negroes  with  them,  and  that  John  Rowan, 
of  Kentucky,  be  appointed  Governor  of  the  territory. 

March  31,  1840,  Mr.  L,inn  from  the  select  committee  on  the  Oregon 
territory,  to  which  was  referred  the  resolution  of  Dec.  18,  and  placed 
upon  the  orders  of  the  day  and  awaits  its  turn  to  be  considered  : 
Joint  resolution  to  authorize  the  adoption  of  measures  for  the  occupa- 
tion and  settlement  of  the  territory  of  Oregon. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  the  title  of  the  United  States  to  the 
territory  of  Oregon  is  certain  and  will  not  be  abandoned.  That  the  President  of 
the  United  States  be,  and  he  is  hereby,  authorized  to  take  immediate  measures  to 
have  the  boundaries  of  the  United  States  on  the  Pacific  frontier  ascertained  and 
fixed,  and  in  the  meantime  to  ^take  measures  as  may  be  necessary  to  protect  the 
persons  and  property  of  our  citizens  residing  or  trading  in  the  territory  of 
Oregon. 

That  the  President  of  the  United  States  is  hereby  authorized  to  cause  to  be 
erected  at  suitable  places  and  distances  a  line  of  military  posts  from  Fort  Leaven- 
worth to  the  Rocky  mountains,  for  the  better  protection  and  encouragement  of 
the  Indian  trade,  and  for  the  preservation  of  peace  between  the  whites  and 
Indians. 

That,  as  soon  as  the  boundaries  of  the  Oregon  territory  are  indisputably 
determined,  one  thousand  acres  of  land  shall  be  granted  to  every  white  male 
inhabitant  of  said  territory,  of  the  age  of  18  years  and  upwards,  who  shall  cultivate 
and  use  the  same  for  five  consecutive  years,  or  to  his  heir  or  heirs  at  law,  if  such 
there  be. 

That  the  President  is  hereby  authorized  to  appoint  an  additional  Indian  agent, 
whose  duty  It  shall  be  (under  his  direction  and  control)  to  superintend  the  inter- 
ests of  the  United  States  with  any  or  every  Ind'-^n  tribe  west  of  any  agency  t:ow 
established  by  law. 

That  the  sum  of dollars  be  appropriated  out  of  any  money  in  the 

treasury  not  otherwise  appropriated,  to  carry  into  effect  the  foregoing  resolution. 

From  the  meagre  notices  to  be  found  in  the  proceedings  of  Con- 
gress, it  is  evident  that  president  making  was  far  more  interesting 


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62 


brown's  political  history. 


1842 


than  the  discussion  of  the  Oregon  question,  and  a  long  speech  on 
slavery  was  more  important  than  that  of  the  encroachment  of  the 
Hudson's  Bay  Company  and  their  robbing  the  northwest  territory  of 
millions  of  dollars  worth  of  furs  annually. 

The  following  was  published  in  Hunt's  Merchants  Magazine, 
1842,  although  rather  lengthy,  it  contains  a  great  deal  of  information 
and  will  repay  reading  : 

"  It  was  long  after  the  discovery  of  this  contiuent  by  Christopher  Columbus, 
before  it  became  known  in  its  full  extent  to  the  civilized  portion  of  mankind.  In 
the  year  15 13,  Vasco  Nunez  de  Balboa,  who  was  at  that  time  the  Governor  of  a 
colony  of  Spain,  located  at  Darien,  on  the  coast  of  the  Atlantic  ocean,  while  di- 
recting a  march  across  the  mountains  in  that  vicinity,  found  his  progress  inter- 
rupteu  by  an  immense  sea  stretching  off  into  the  western  horizon.  The  publica- 
tion of  this  discovery  led  at  once  to  the  conjecture  that  this  was  the  great  southern 
ocean,  the  search  for  which  had  so  long  inspired  and  baffled  the  zeal  of  navigators. 
From  its  juxtaposition  to  the  Atlantic,  it  was  supposed  that  the  two  seas  were  con- 
nected with  each  other,  f,nd  the  aim  thereafter  was  to  discover  the  spot  where 
their  waters  intermingled.  It  was  calculated  by  the  Spanish  adventurers  that  this 
point  must  lie  somewhere  in  the  neighborhood  of  the  Isthmus  of  Darien,  and  their 
researches  were  mostly  directed  towards  that  region.  In  the  meanwhile,  Fernando 
Magellan,  a  distinguished  Portugese  navigator,  having  in  vain  importuned  his  own 
Government,  lent  himself  to  the  service  of  Spain  ;  and  in  the  year  15 19,  made  a 
voyage  to  the  East  Indies,  through  the  strait  which  now  bears  his  name.  This 
important  discovery  was  regarded  as  demonstrating  the  practicability  of  circum- 
navigating the  globe.  But  the  route  which  it  opened  to  the  East  Indies  was  found 
to  be  long  and  perilous,  and  the  advantages  resulting,  hardly  compensated  for  the 
difficulties  encountered  in  prosecuting  the  trade  through  this  line  of  communica- 
tion. • 

A  still  more  interesting  and  important  discovery  was  made  in  the  year  1517, 
which  revealed  to  the  astonished  world  the  extensive  and  flourishing  empire  of 
Mexico.  It  was  subsequently  conquered  by  Hernan  Cortez,  who  marched  to  its 
Capitol,  dethroned  its  monarch,  struck  terror  into  the  hearts  of  his  subjects,  and 
reduced  his  magnificent  kingdom  to  the  dominion  of  Spain,  having  firmly  es- 
tablished his  authority,  he  immediately  commenced  exploring  the  seas  and  country 
adjacent.  By  his  splendid  and  fortunate  enterprises  having  discovered  that  the  in- 
terior country  was  unoccupied  by  any  powerful  tribes,  and  that  the  two  great 
oceans  were  wholly  separated  from  each  other,  he  directed  his  expeditions  towards 
the  northward,  whither  he  penetrated  as  far  as  the  southern  entrance  to  the  penin- 
sula of  California,  which  he  supposed  to  be  an  island.  Hurtaclo,  Mendoza,  Ulloa, 
Conovado  and  others,  successively  pushed  on  these  researches  until  their  discoveries 
included  the  whole  of  New  Spain.  They  accomplished  no  further  laudable  results, 
however,  than  to  explode  the  idea  of  the  existence  of  fhe  magnificent  and  opulent 
cities  of  Cilx)la,  which  had  so  long  fascinated  and  bewildered  the  imaginations  of 
adventurers.  The  descriptions  given  of  these  voyages  and  discoveries,  are  very  ob- 
scure and  imperfect.  They  were  generally  written  by  persons  who  were  unacquaint- 
ed with  the  geography  of  the  earth,  who  knew  nothing  of  the  advantages  derived  by 
navigation  from  astronomical  observations,  and  who  seem  to  have  paid  no  regard 
to  latitude  and  longitude.  These  circumstances  have  caused  a  great  degree  of  in- 
acuracy  in  their  statements,  and  render  it  almost  impossible  to  determine  the 


1 845 


PROVISIONAI,   GOVERNMENT. 


63 


localities  of  the  places  they  pretend  to  describe,  or  the  actual  extent  of  their  dis- 
coveries. We  at0>left  almost  entirely  to  conjecture  in  supplying  these  deficiencies, 
till  we  come  down  to  the  narratives  given  of  the  voyages  of  Juan  de  Fuca  in  the 
year  1592.  It  is  supposed  that  he  penetrated  as  far  north  as  Vancouver's  Island, 
inasmuch  as  his  description  of  what  was  then  supposed  to  be  the  northwest  passage 
is  perfectly  in  accordance  with  those  subsequently  given  of  the  straits  which  sep- 
arate that  island  from  the  mainland.  He  passed  through  these  straits,  with  an  air 
of  triumph,  turned  his  course  again  southward,  as  if  he  had  solved  this  great  ques- 
tion. The  representation  that  this  grand  discovery  had  been  made,  and  that  the 
country  beyond  was  inhabited  by  affluent  and  powerful  nations,  induced  the  Span- 
ish Government  to  institute  a  more  particular  investigation  of  the  subject.  An  ex- 
pedition was  accordingly  fitted  out  for  this  purpose,  under  the  direction  of  Sebas- 
tian Viscaino,  which  sailed  from  Acapulco  on  the  5th  of  May,  1602. 

After  having  reached  the  western  side  of  California,  and  surveyed  and  exam- 
ined the  coast  and  territory  adjoining,  Viscaino  proceeded  still  further  northward, 
and  is  said  to  have  entered  the  mouth  of  a  large  river,  in  about  the  42-43°  of  lati- 
tude, which  has  never  yet  been  sufficiently  identified.  He  subsequently  returned 
to  Spain,  where,  upon  relating  the  success  of  his  adventures,  he  obtained  from 
Philip  III,  orders  for  carrying  out  some  plans  which  he  had  projected  for  establish- 
ing trading  settlements  on  the  coast.  His  death  which  occurred  in  Mexico  in 
1606,  prevented  the  execution  of  these  designs,  and  suspended  the  adventures  of 
the  Spaniards  in  that  region  for  a  period  of  about  160  years.  The  subsequent 
most  important  and  interesting  discoveries  connected  with  this  portion  of  our  con- 
tinent, were  made  by  Russia,  in  about  the  beginning  of  the  eighteenth  century. 
The  conquests  which  she  had  obtained  over  K.imschatcha,  and  the  country  which 
intervened  between  that  and  Europe,  inspired  the  desire  still  further  to  extend  her 
domains.  Ambitious  to  establish  the  sway  of  his  scepter  beyond  those  barriers, 
the  Czar  became  anxious  to  discover  whether  the  waters  which  laved  the  shores  of 
Kamschatcha  communicated  directly  with  those  of  the  Pacific  ocean.  To  the  re- 
sult of  the  several  expeditions  fitted  out  for  this  purpose,  under  the  directions  suc- 
cessively of  Behring,  TchirofT,  and  Spangberg,  is  Russia  indebted  for  her  posses- 
sions in  North  America. 

These  were  followed  by  the  Government  of  Great  Britain,  which  thereafter 
became  deeply  interested  in  the  controversy  respecting  the  existence  of  a  north- 
west passage  between  the  two. oceans.  She  dispatched  two  several  expeditions 
for  the  purpose  of  solving  the  question,  one  of  which  was  directed  to  Baffin's 
bay,  under  Clarke  ;  and  the  other  to  the  Pacific,  under  Captain  Cook.  We  derive 
from  the  narratives  of  Captain  Cook  the  most  complete  and  accurate  account  of 
the  northwest  coast  of  America  that  has  yet  been  given.  He  was  followed  by 
Mears  in  1788,  and  Vancouver  in  1792,  who  were  sent  out  by  the  same  Govern- 
ment. To  the  discoveries  by  these  navigators  the  Government  of  Great  Britain 
refers  their  title  to  the  countries  watered  by  the  Columbia,  the  justice  of  which 
will  be  hereafter  developed.  But  we  are  not  indebted  to  the  more  daring  and  act- 
tive  enterprise  of  our  own  New  England  traders,  for  those  more  full  and  accurate 
accounts  of  the  territory  and  resources  of  Oregon,  which  render  it  an  object  of 
interesting  speculation  at  the  present  day.  In  the  year  1791,  several  vessels 
arrived  in  the  waters  of  the  North  Pacific  ocean,  among  which  was  the  Columbia, 
under  the  command  of  Captain  Gray,  from  Boston.  This  enterprising  adventurer 
had  before  visited  these  seas  in  the  years  1787- 1788,  under  the  direction  of  a  com- 
pany of  merchants  of  that  city,  formed  with  a  view  to  participate  in  the  advant- 
ages of  the  fur  trade  of  that  region.     He  then  made  many  important  observations 


1'  ,1 


''  1'  "I 


V'iV 


I 

Si 

*.  i 
if 


k  ■ 


64 


brown's  politicai,  history. 


1842 


I  n 


and  discoveries,  and  extensively  unfolded  the  commercial  capabilities  and  re- 
sources of  the  country.  He  sailed  from  Boston  on  this  last  ^pedition  ii.  May, 
1790,  and  reached  the  coast  of  North  America  in  the  year  following,  a  little  north- 
ward of  Cape  Mendocino,  and  sailed  along  the  coast  towards  Nootka.  In  about 
latitude  46°  16''  Captain  Gray  described  an  inlet,  which  he  attempted  to  enter, 
but  the  outflowing  current  was  so  strong  as  to  baffle  all  his  efforts  to  effect  an  en- 
trance, although  he  spent  nine  days  in  endeavoring  to  do  so.  He  at  length  pur- 
sued his  voyage  northward,  and  on  the  5th  of  June  he  anchored  in  the  harbor  of 
■"^layoquot,  near  Nootka.  From  this  point  he  sailed  to  Queeu  Charlotte's  island, 
and  on  the  15th  of  August  he  observed  an  opening  under  the  parallel  of  54>^°, 
which  he  entered,  and  sailed  to  the  distance  of  more  than  eighty  miles  in  a  north- 
easterly direction.  The  channel  was  discovered  to  be  exceedingly  broad  and 
deep,  and  the  stream  seemed  to  extend  far  beyond  the  distance  already  traversed 
in  the  same  direction.  He  returuef*  again  to  Claycquot  without  pursuing  the  ad- 
venture any  further,  and  under  the  persuasion  that  this  was  the  /?io  de  los  Royes, 
which  was  represented  to  be  the  route  through  which  Admiral  Fonte  pursued  his 
way  to  the  Atlantic  in  1640.  It  has  been  since  called  the  Portland  canal.  Captain 
Gray  wintered  at  Clayoquot,  in  a  fortification  which  he  erected  on  the  shore  and 
called  Fort  Defiance.  He  also  here  built  and  launched  a  schooner,  which  he 
called  The  Enterprise,  and  which  was  the  first  American  vessel  built  on  these 
shores.  In  the  month  of  August,  in  this  same  year,  Captain  Kendrick  (who  had 
accompanied  Captain  Gray  in  his  first  expedition,  and  had  remained  in  these  seas 
with  the  Washington,  during  Gray's  return  to  Boston)  was  anchored  in  Nootka 
sound.  Having  reason  to  apprehend  hostilities  from  the  Spaniards,  and  suppos- 
ing that  an  opening  might  exist  at  the  northwestern  extremity  of  the  harbor,  he 
determined  to  make  his  escape  to  the  sea  in  that  direction.  In  this  he  was  suc- 
cessful, and  he  named  the  channel  thus  discovered  Massachusett's  sound.  He 
also  purchased  from  several  of  the  native  chiefs  large  tracts  of  land  near  Nootka, 
which  were  transferred  by  deeds  marked  by  the  chiefs,  witnessed  by  several  of  the 
officers  and  crew  of  the  Washington,  and  authenticated  by  a  notary  at  Macao.  In 
1840  an  application  was  pending  in  Congress,  made  by  the  representatives  of 
the  owners  and  captain  of  the  Washington,  to  confirm  this  title  to  these  lands. 
After  making  this  purchase  Kendrick  sailed  for  the  Sandwich  Islands. 

In  April,  1792,  Captain  Gray  sailed  from  his  winter  quarters  at  Clayoquot,  when 
he  fell  in  with  the  English  navigator  Vancouver,  at  the  entrance  of  the  Strait  of 
Fuca.  He  informed  Vancouver  that  he  had  entered  an  inlet  to  the  northward  in 
latitude  54>^°,  into  which  he  had  sailed  as  far  as  the  56°  of  latitude,  without  dis- 
covering its  termination.  That  he  had  also  stood  oflF  the  mouth  of  a  river,  in  the 
latitude  of  46°  10',  whose  current  was  so  strong  that  it  presented  an  effectual  bar 
to  his  entrance,  although  he  had  spent  nine  days  in  the  effort.  Vancouver  sup- 
posed this  to  be  an  opening  which  he  had  represented  that  he  himself  had  passed 
on  the  forenoon  of  the  27tu  of  April,  and  which  he  declared  was  apparently  in- 
accessible, not  from  the  current,  but  owing  to  the  breakers  which  extended  across 
its  entrance. 

In  his  narrative,  under  date  of  April  30,  1792,  Captain  Vancouver  says  :  "  We 
have  now  explored  a  part  of  the  American  continent,  extending  nearly  215 
leagues,  under  the  most  fortunate  and  favorable  circumstances  of  wind  and 
weather.  So  minutely  has  this  extensive  coast  been  inspected,  that  the  surf  has 
been  constantly  seen  to  break  on  its  shores  from  the  mast  head  ;  and  it  was  but 
in  a  few  small  intervals  only  where  our  distance  precluded  it  being  visible  from 
the  deck.     It  must  be  considered  as  a  very  singular  circumstance,  that,  in  no  great 


1792 


PROVISIONAL  GOVERNMBNT. 


65 


an  extent  of  sea  coast,  we  should  not  until  now  have  seen  the  appearance  of  any 
opening  in  its  shores,  which  presented  any  certain  prospect  of  affording  shelter  ; 
the  whole  coast  forming  one  compact,  solid,  and  nearly  straight  barrier  against 
the  sea.     The  river  mentioned  by  Mr.  Gray,  should,  from  the  latitude  as  assigned 
to  it,  have  existed  in  the  bay  south  of  Cape  Disappointment.     This  we  passed  in 
the  forenoon  of  the  27th,  and,  as  I  then  observed,  if  any  inlet  or  river  should  be 
found  it  must  be  a  very  intricate  one,  and  inaccessible  to  vessels  of  our  burthen, 
owing  to  the  reefs  and  broken  water  which  then  appeared  in  its  neighborhood. 
Mr.  Gray  stated  that  he  had  been  several  days  attempting  to  enter  it,  which  at 
length  he  was  unable  to  effect  on  account  of  a  very  strong  outset.     This  is  a  phe- 
nomenon difficult  to  account  for,  as  in  most  cases,  where  there  are  outsets  of  such 
strenth  on  a  sea  coast,  there  are  corresponding  tides  setting  in.     Be  that,  how- 
ever, as  it  may,  I  was  thoroughly  convinced,  as  were  also  most  persons  of  obser- 
vation  on   board,  that  we  could  not  possibly  have  passed   any  safe,  navigable 
opening,  harbor,  or  place  of  security  for  shipping,  on  this  coast,  from   Cape 
Mendocino  to  the  promontory  of  Classet  (Cape  Flattery),  nor  had  we  any  reason 
to  alter  our  opinions,  notwithstanding  that  theoretical  geographers  have  thought 
proper  to  assert  in  that  space  the  existence  of  arms  of  the  ocean  communicating 
with  a  mediterranean  sea  and  extensive  rivers,  with  safe  and  convenient  ports." 
Whatever  may  have  been  the  motives  which  prevented  Vancouver  from  placing 
any  reliance  on  the  accounts  of  Captain  Gray,  it  is  evident  at  least  from  this  ex- 
tract, that  no  discoveries  of  the  kind  had  been  made  upon  this  coast  by  the 
English  navigators  at  this  date.     Captciin  Gray,  however,  was  not  contented  to 
leave  the  matter  thus  undecided.     After  parting  with  Vancouver  he  proceeded 
southward  along  the  coast  till  the  7th  of  May,  when  the  record  in  his  log-book 
proceeds  as  follows  : 

A.  M.  Being  within  six  miles  of  the  land,  saw  an  entrance  in  the  same, 
which  had  a  very  good  appearance  of  a  harbor ;  lowered  away  the  jolly-boat,  and 
went  in  search  of  an  anchoring  place,  the  ship  standing  to  and  fro,  with  a  very 
strong  weather  current.  At  i  p.  m.  the  boat  returned,  having  found  no  place 
where  the  ship  could  anchor  with  safety ;  made  a  sail  on  the  ship,  stood  in  for 
shore.  We  soon  saw,  from  our  masthead,  a  passage  between  the  sand  bars.  At 
half-past  3  bore  away  and  run  in  northeast  by  east,  having  from  four  to  eight 
fathoms,  sandy  bottom ;  and  as  we  drew  in  nearer  between  the  bars  had  from 
ten  to  thirteen  fathoms,  having  a  very  strong  tide  or  ebb  to  stem.  Many  canoes 
alongside.  At  5  P.  m.  came  to  in  five  fathoms  of  water,  sandy  bottom,  in  a  safe 
harbor,  v-.  11  sheltered  from  the  sea  by  long  sand  bars  and  spits.  Our  latitude  ob- 
served this  day  was  46°  58'  north. 

May  10.  Fresh  breeze  and  pleasant  weather  —  many  natives  alongside.  At 
noon  all  the  canoes  left  us.  At  i  p.  m.  ,  began  to  unmoor,  took  up  the  best  bower- 
anchor,  and  hove  short  on  the  small  bower  anchor.  At  half  past  4,  being  high 
water,  hove  up  the  anchor,  and  came  to  sail,  and  a  beating  down  the  harbor. 

May  II.  At  half  past  7  we  were  out  clear  of  the  bars,  and  directed  our 
course  to  the  southward  along  shore.  At  8  p.  m.,  the  entrance  of  Bulfinch's  har- 
bor bore  north,  distance  four  miles ;  the  southern  extremity  of  the  land  bore  south- 
southeast-half-east,  and  the  northern,  north-northwest.  Sent  up  the  main  top 
gallant  yard  and  set  all  sail.  At  4  p.  M.,  saw  the  entrance  of  our  desired  port  bear- 
ing east-southeast,  distance  six  leagues ;  in  steering-sails,  and  hauled  our  wind  in 
shore.  At  8  p.  M. ,  being  a  little  to  windward  of  the  entrance  of  the  harbor,  bore 
away  and  run  in  east-northeast  between  the  breakers,  having  from  five  to  seven 
fathoms  of  water.    When  we  were  over  the  bar,  we  found  this  to  be  a  large  river 


I 


>  i5  'Mi 


1'  I 


1:1 


66 


brown's  political  history. 


1792 


of  fresh  water,  up  which  we  steered.  Many  canoes  came  alongside.  At  i  P.  M., 
came  too  with  small  bower  in  ten  fathoms,  black  and  white  sand.  The  entrance 
between  the  bars  bore  west-southwest,  distance  ten  miles.  The  north  side  of  the 
river  a  half  mile  distance  from  the  ship,  the  south  side  of  the  same  two  and  half 
miles  distance.  A  large  village  on  the  north  side  of  the  river,  west  by  north,  distant 
three-quarters  of  a  mile.  Vast  numbers  of  natives  came  alongside.  People  em- 
ployed in  pumping  the  salt  water  out  of  our  water  casks  in  order  to  fill  with  fresh, 
which  the  ship  floated  in.     So  ends. 

May  12.  Fresh  winds  and  rainy  weather.  Many  natives  alongside.  Hove 
up  the  best  bower  anchor.     Seamen  and  tradesmen  at  their  various  departments. 

May  14.  Fresh  gales  and  cloudy  ;  many  natives  alongside.  At  noon  weighed 
and  came  to  sail ;  standing  up  the  river  northeast  by  east  we  found  the  channel 
very  narrow.  At  4  p.  M.  we  had  sailed  upwards  of  twelve  or  fifteen  miles,  when 
the  channel  was  so  very  narrow  that  it  was  almost  impossible  to  keep  in  it,  hiving 
from  three  to  eighteen  fathoms  water,  sandy  bottom.  At  half  past  4  the  ship 
took  ground,  but  she  did  not  stay  long  before  she  came  off,  without  any  assistance. 
We  backed  her  off  stern  foremost  into  three  fathoms,  and  let  go  the  small  bower, 
and  moored  the  ship  with  hedge  and  hawser.  The  jolly-boat  was  sent  to  sound 
tht  channel  out,  but  found  it  not  navigable  any  further  up  ;  so  of  course  we  must 
have  taken  the  wrong  channel.  So  ends,  with  rainy  weather,  many  natives  along- 
side. 

Tuesday,  May  is.  Light  airs  end  pleasant  weather.  Many  natives  from  differ- 
ent tribes  came  alongside,  At  10  a.  m.,  unmoored  and  dropped  down  with  the 
tide  to  a  better  anchoring.  Smiths  and  other  tradesmen  constantly  employed.  In 
the  afternoon  Capt.  Gray  and  Mr.  Hoskins,  in  jolly-boat,  went  on  shore  to  take  a 
view  of  the  country. 

May  16.  Light  airs  and  cloudy.  At  4  p.  M.,  hove  up  the  anchor  and  towed 
down  about  three  miles,  with  the  last  of  the  ebb  tide.  Came  into  six  fathoms, 
sandy  bottom,  the  jolly-boat  sounding  the  channel.  At  10  a.  m.  a  fresh  breeze 
came  up  the  river.  With  the  first  ebb  tide  we  got  under  way  and  went  down  the 
river.  At  i,  (from  its  being  very  squally,)  we  came  to,  about  two  miles  from  the 
village,  (  Chinook,)  which  bore  west  southwest  ;  many  natives  alongside.  Fresh 
gales  and  squally. 

May  17.  Fresh  winds  and  squally  ;  many  canoes  alongside.  Calkers  calking 
the  pinnace.  Seamen  paying  the  ships  sides  with  tar  ;  painter  painting  ship, 
smiths  and  carpenters  at  their  departments. 

May  18.  Pleasant  weather.  At  4  in  the  morning  began  to  heave  ahead  ; 
at  half-past  came  to  sail,  standing  down  the  river  with  the  ebb  tide  ;  at  7  (be- 
ing slack  water  and  the  wind  fluttering)  we  came  to  in  five  fathoms,  sandy  bottom. 
The  entrance  between  the  bars  bore  southwest,  distance  three  miles.  The  north 
point  of  the  harbor  bore  northwest,  distance  two  miles.  The  south  bore  southeast, 
distance  three  and  a  half  miles.  At  9  a  breeze  sprung  up  from  the  eastward  —  took 
up  the  anchor  and  came  to  sail,  but  the  wind  soon  came  fluttering  again  ;  came  to 
with  the  kedge  and  hawser  —  reeved  out  fifty  fathoms.  Noon  pleasant.  Latitude 
observed  46°  \^'  north.  At  i  came  to  sail  with  the  first  of  the  ebb  tide,  and  drifted 
down  broadside,  with  light  airs  and  strong  tide.  At  three-quarters  past,  a  fresh 
wind  came  from  the  northward ;  wore  ship  and  stood  into  the  river  again.  At  4 
came  to  in  six  fathoms.  Good  holding  ground  about  six  or  seven  miles  up.  Many 
canoes  alongside. 


1792 


PROVISIONAL   GOVERNMENT. 


67 


Hove 
ments. 

reighed 
;hannel 
3,  when 
having 
he  ship 
istance. 
[  bower, 
o  sound 
we  must 
;s  along- 

m  differ- 
with  the 
oyed.  In 
to  take  a 

id  towed 
fathoms, 
sh  breeze 
down  the 
from  the 
;.     Fresh 

3  calking 
ting  ship, 

ve  ahead ; 
at  7  (be- 
dy  bottom. 
The  north 
southeast, 
ard  —  took 
;  came  to 
Latitude 
and  drifted 
)ast,  a  fresh 
gain.     At  4 
up.    Many 


May  19.  Fresh  wind  and  clear  weather.  Early  a  number  of  canoes  came  along- 
side.    .Se,\men  and  tradesmen  employed  in  their  various  departments. 

May  20.  Gentle  lireezis  and  pleasant  weather.  At  1  p.  m  (being  full  sea) 
took  up  anchor  and  made  sail,  standing  down  the  river.  At  2  the  wind  left  us,  we 
being  on  the  bar,  with  a  very  strong  tide,  whicli  set  on  the  breakers.  It  was  now  not 
possililo  to  get  out  without  a  b  eeze  to  shoot  her  across  the  tide,  so  we  were 
obligmi  o  bring  up  in  tlirec  and  a  half  fathoms,  the  tide  running  five  knot.  At  three- 
quarters  past  ':  a  fresh  wind  came  in  from  seaward.  We  immediately  came  to 
sail,  and  beat  over  the  bar,  having  from  five  to  seven  fathoms  water  in  the  channel. 
At  5  p.  M.,  we  wore  out  clear  of  all  the  bars,  and  in  twenty  fathoms  water.  A 
breeze  came  from  the  southward.  We  bore  away  to  the  northward  ;  set  all  sail  to 
the  best  advantage.  At  8  Cape  Hancock  bore  southeast,  distance  three  leagues  ; 
the  northern  extremity  of  the  land  in  sight  bore  north  by  west.  At  9  in  steering 
and  topgallant  sails.     Midnight  light  airs. 

May  21.  At  6  a.  m.,  the  nearest  land  in  sight  bore  east-southeast,  distance 
eight  leagues.  At  7  top-gallant  sails  and  light  stay-sails.  At  11,  steering  sails 
fore  and  aft.  Noon,  pleasant,  agreeable  weather.  The  entrance  to  Bulfinch's 
harbor  bore  southeast  by  east-half  east,  distance  five  leagues. 

Before  leaving  this  river.  Captain  Gray  bestowed  upon  it  the  name  of  his  ship, 
the  Columbia.  The  southern  side  of  its  entrance  he  named  Cape  Adams,  and  on 
the  north  side  Cape  Hancock.  This  point  had  been  previously  named  Cape  Disap- 
pointment, by  Captain  Mears,  in  1788,  as  indicative  of  the  point  where  his  own  re- 
searches terminated,  without  any  successful  result.  This  territory  watered  by  this 
river  and  its  tributaries,  has  since  been  called  the  Oregon  territory,  from  a  tradi- 
tion, said  to  have  prevailed  among  the  Indians  near  lake  Superior,  of  the  existence 
of  a  mighty  river  rising  in  that  vicinity,  and  emptying  its  waters  into  the  Pacific 
and  which  was  supposed  to  be  the  Columbia.  But  to  this  expedition  of  Gray  we  must 
refer  its  first  discovery,  and  the  first  accurate  and  satisfactory  account  which  we 
have  of  this  part  of  the  coast  of  the  north  Pacific.  In  the  month  of  October  of  the 
same  year.  Captain  Brou.hton  was  dispatched  by  Vancouver,  and  succeeded  in 
effecting  an  entrance  up  the  same  river  to  a  distance  of  ^about  ninety-two  miles. 
The  expedition  of  Captain  Broughton,  with  a  narrative  given  of  his  adventures  by 
Mears,  in  1788,  are  made  the  basis  of  the  claim  of  the  English  Government  to  the 
territory  of  Oregon.  In  order  to  give  a  clear  exposition  of  the  nature  of  this 
claim,  we  need  but  quote  a  brief  extract  from  the  narrative  of  Mears,  and  com- 
pare it  with  those  of  Vancouver  and  Gray,  already  cited.  Sailing  in  a  southerly 
direction  from  about  latitude  46°  47''  he  rounded  a  promontory,  after  which  he 
says —  "  A  large  bay,  as  we  had  imagined,  opened  to  our  view,  that  bore  a  very 
promising  appearance,  and  into  which  we  steered  with  very  encouraging  expecta- 
tion. The  high  land  that  formed  the  boundaries  of  the  bay  was  at  a  great  distance, 
and  a  flat,  level  country  occupied  the  intervening  space ;  the  bay  itself  took  rather 
a  westerly  direction.  As  we  steered  in,  the  water  shoaled  to  nine,  eight,  and  seven 
fathoms,  when  breakers  weie  seen  from  the  deck,  right  ahead  ;  and  from  the  mast- 
head they  were  observed  to  extend  across  the  bay.  We  therefore  hauled  out,  and 
directed  our  course  to  the  opposite  shore,  to  see  if  there  was  any  channel,  or  if  we 
could  discover  any  port.  The  name  of  Cape  Disappointment  was  given  to  the 
promontory,  and  the  bay  received  the  name  of  Deception  Bay.  By  an  indifferent 
meridian  observation,  it  lies  in  the  latitude  of  46°  10''  north,  and  in  the  computed 
longitude  of  235°  34''  east,  We  can  now  with  safety  assert  that  there  is  no  such 
river  as  that  of  Saint  Roc  exists,  as  laid  down  in  the  Spanish  chtirts." 

It  appears  therefore,  that  Captain  Mears  made  no  discovery  of  any  such  inlet 


r'  II 


68 


brown's   rOLITICAL   HISTORY. 


1792 


'III 


■it' 


i 


or  river.  The  idea  of  its  existence  seems  to  him  to  have  been  satisfactorily  dis- 
proved by  his  own  observations  of  the  coast.  Vancouver's  narrative,  as  wc  have 
seen  is  still  stronger.  He  scouts  at  the  descriptions  of  all  previous  adventurers,  as 
the  idle  and  unfounded  "assertions  of  theoretical  geographers,"  and  claims,  with 
an  evident  air  of  self-gratulation,  the  honor  of  having  demonstrated  the  absurdity 
of  the  supposition.  He  avers,  that  he  minutely  explored  this  part  of  the  coast,  un- 
der the  most  favorable  circumstances  of  wind  and  weather ;  and  then  positively 
insists  upon  the  impossibility  of  examining  or  even  approaching  its  shores.  With 
these  facts  and  circumstances  before  us,  it  cannot  be  questioned  for  a  moment, 
that  to  Captain  Gray  belongs  the  honor  of  having  first  penetrated  the  waters  of  the 
Columbia ;  and  ihat,  consequently,  the  claim  of  the  United  States  is  prior  to  that  of 
Great  Britain.  The  question  of  right,  however,  is  still  mooted,  though  measures 
are  now  in  progress  which  may  eventuate  in  securing  to  the  United  States  its  un- 
disputed possession. 

From  this  period  the  shores  of  the  North  Pacific  gradually  became  more  and 
more  familiar  to  all  navigators.  Voyages  for  trade  and  exploration  were  pursued 
until  the  year  1796,  when  the  declaration  of  v\ar  between  Great  Britain  and  Spain 
withdrew  the  attention  of  those  nations  from  the  subject,  and  they  became  there- 
fore too  much  engrossed  in  mi^Te  important  interests  at  home,  to  care  for  the 
progress  of  discovery  in  these  seas.  For  nearly  twenty  years  from  this  date 
the  trade  between  this  coast  and  China  was  carried  on  solely  by  United  States 
vessels,  or  under  our  flag.  The  East  India  Company  prohibited  the  trade  to 
English  merchants,  and  Russian  vessels  were  excluded  from  the  ports  of  China, 
so  that  few  other  than  American  ships  floated  on  the  waters  of  the  North  Pacific. 
The  commerce  was  prosecuted  by  vessels  from  the  United  States,  or  from  Europe, 
to  this  coast,  which  were  laden  with  sugar,  spirits,  wine,  tobacco,  gunpowder, 
iron,  firearms,  and  various  coarse  articles  of  woolen  manufacture.  These  were 
here  exchanged  for  furs  with  the  natives,  or  at  the  Russian  settlements,  and  were 
transported  hence  to  China,  where  their  proceeds  were  invested  in  articles  of 
merchandise  intended  for  our  own  or  European  markets.  Up  to  this  time  no 
settlement  had  been  made  on  this  coast  by  the  United  States,  and  but  little  was 
known  of  the  resources  of  the  interior  country.  The  vast  multitudes  of  its  native 
population  which  thronged  around  its  shores  for  the  purpose  of  traflBc  ;  and  the 
imperfect  and  confused  accounts  which  they  gave  of  the  neighboring  country, 
were  calculated  to  bewilder  the  fancy  of  the  adventurers  and  give  an  unlimited 
range  to  wildest  vagaries.  But  as  the  imagination  wandered  over  the  immense 
territory  lying  between  the  coast  of  the  Pacific  and  the  banks  of  the  Mississippi, 
the  mind  grew  more  credulous  of  its  suggestions.  Science  with  here  obtuse  cal- 
culations, philosophy  with  her  thousand  speculations,  and  curiosity  with  her  end- 
less conjectures  were  busy,  restless,  and  unsatisfied  ;  but  the  hope  of  gain  and 
aggrandizement  above  stimulated  the  enterprise  which  first  penetrated  those 
unbroken  solitudes,  and  attempted  to  explore  those  unknown  regions.  In  the 
years  1788-92,  Alexander  Mackenzie  was  employed  for  this  purpose  by  the  North 
Western  Company,  fur  trading  association  of  Canada,  whose  settlements  had 
already  extended  nearly  to  the  59th  parallel,  about  800  miles  beyond  Lake  Super- 
ior. Mackenzie  spent  some  time  in  exploring  a  river  which  was  then  supposed 
to  be  the  Columbia,  but  which  has  since  been  discovered  to  empty  its  waters  into 
the  Strait  of  Fuca,  and  is  called  Frazer  river.  The  result  of  his  expeditions  was 
given  to  the  public,  in  London,  in  1802,  together  with  a  sketch  of  Canada  fur 
trade,  accompanied  with  suggestions  as  to  the  most  advisable  mode  of  regulating 
the  intercourse  between  this  part  of  America  and  China,  .so  as  to  secure  to  Great 


i8o4 


PROVISIONAL   GOVERNMENT. 


69 


dis- 
lave 

8,  as 

with 

rdity 

,  un- 

ively 

With 

ncnt, 

jfthe 

hat  of 

isures 

ts  un- 

•e  antl 

arsued 

Spain 

there- 

or  the 

is  date 
States 

■ade  to 

China, 

Pacific. 

Europe, 

jowder, 

se  were 

nd  were 

[ides  of 

time  no 

ittle  was 

ts  native 
and  the 

country, 

nlimited 

immense 

ssissippi> 

)tuse  cal- 
her  end- 
gain  and 

ted  those 
In  the 

the  North 

[lents  had 

ike  Super- 
supposed 

sraters  into 

litions  was 
anada  fur 
regulating 

re  to  Great 


Britain  its  commercial  advantages,  which,  it  was  represented,  were  entirely  under 
control  of  "adventurers  from  the  United  States." 

We  allude  to  the  explorations  of  .lackenzie,  merely  as  originating  that  spirit 
of  enterprise  and  inquiry  which  drew  the  attention  of  rival  powers  to  this  portion 
of  our  continent.  In  January,  1803,  the  then  President  of  the  United  States 
addressed  a  confidential  message  to  Congress,  recommending  the  immediate 
adoption  of  measures  to  explore  it.  Captain  Merriweather  Lewis  and  William 
Clarke  were  subsequently  commissioned  to  execute  the  proposed  undertaking. 
They  were  instructed  "  to  explore  the  river  Missouri  and  its  principal  branches  to 
their  sources  ;  and  seek  and  trace  to  its  termination  in  the  Pacific,  some  stream, 
whether  the  Columbia,  the  Oregon,  the  Colorado,  or  any  other,  which  might 
offer  the  most  direct  and  practicable  water  communication  across  the  continent, 
for  the  purposes  of  commerce."  On  May  14,  1804,  Captains  Lewis  and  Clarke, 
in  pursuance  of  these  instructions,  launched  their  barks  on  the  waters  of  the  Mis- 
souri. The  course  of  this  river  was  then  scarcely  known  ;  its  shores  were  occu- 
pied by  numerous  and  hostile  tribes  of  Indians,  while  many  difficulties  and 
privations,  arising  from  other  sources ,  embarrassed  their  progress.  Toward  the 
end  of  October,  however,  they  had  reached  to  about  1,600  miles  from  the  mouth 
of  the  river,  where  they  remained  until  April,  1805.  In  the  summer  succeeding 
they  arrived  at  its  headwaters,  which  took  their  ris  amoung  the  Rocky  moun- 
tains. After  a  tedious  march  over  the  great  dividinj.'  ridge,  a  new  and  inviting 
scene  of  adventure  opened  before  them.  We  can  hardly  conceive  of  anything 
equal  to  the  delight  they  must  have  experienced,  as  they  descended  from  these 
rugged  heights  to  a  plain  of  country  wholly  unknown  to  the  world  which  they 
had  left  behind  them,  and  whose  luxuriant  wilderness  was  now  for  the  first  time 
gazed  upon  by  the  eye  of  civilized  men.  They  must  have  trod  its  soil  with  a 
sacred  awe  as  they  penetrated  its  deep  solitudes,  and  hesitated  long,  before  they 
launched  their  frail  barks,  to  disturb  the  serenity  which  had  for  untold  ages 
reigned  over  its  quiet  waters.  On  the  7th  of  October  they  fell  in  with  a  stream 
upon  which  they  embarked  in  their  canoes.  Borne  along  on  its  gentle  current, 
they  were  wafted  into  a  nobler  river,  stretching  and  widening  in  its  course,  and 
swelling  with  the  waters  of  many  beautiful  tributaries,  till  it  bore  them  onward 
into  the  broad  bosom  of  the  Pacific  ocean.  The  stream  on  which  they  finst  em- 
barked was  discovered  to  be  a  branch  of  the  Columbia  river,  which  they  named 
Lewis  river.  After  a  few  days  they  reached  its  confluence  with  another  great 
branch,  which  they  called  Clarke  river.  These  two  united  to  form  the  Columbia, 
through  which,  on  the  15th  day  of  November,  they  arrived  at  Cape  Dissapoint- 
ment,  the  northern  side  of  its  entrance  into  the  Pacific,  and  about  4,000  miles 
from  the  place  of  their  departure.  They  formed  an  encampment  near  the  mouth 
of  the  Columbia,  which  they  called  Fori  Clatsop,  where  they  spent  the  succeed- 
ing winter.  They  found  the  natives  already  too  well  accustomed  to  the  presence 
of  white  men  to  be  disturbed  by  their  appearance  among  them,  and  easily  sup- 
plied themselves  with  the  necessary  appliances  for  comfort  and  subsistence.  On 
March  13,  1806,  they  commenced  their  return.  They  rowed  their  canoes  up  the 
Columbia  till  they  reached  its  falls,  about  160  miles  from  its  mouth  ;  whence  they 
prosecuted  their  journey  together  by  land  till  they  reached  the  Rocky  mountains. 
Here  they  divided  into  two  parties,  one  of  which  struck  directly  eastward  for  the 
Missouri,  while  the  other  took  a  southerly  direction  toward  the  Yellow  Stone, 
through  which  they  reached  the  Missouri.  The  two -parties  met  again  at  a  short 
distance  below  the  point  where  the  two  stream!  unite,  and  arrived  at  St.  Louis 
on  the  23d  day  of  September  following.     The  narratives  of  these  two  skilled  and 


Wl' 


i;M,a 


70 


brown's  political  history. 


I8I2 


:i! 


ijliiii  ij  I 


.;(il,i. 


scientific  adventurers  furnishes  the  first  accurate  knowledge  we  have  of  the  terri- 
tory of  Oregon,  It  was  not  pubHshed  till  the  year  1814.  But  long  before  this 
period  the  results  of  their  researches  had  become  generally  known,  and  had 
caused  both  the  English  and  American  merchants  to  take  a  lively  and  more 
active  interest  in  the  vast  resources  which  were  thus  opened  to  the  specul  itions 
of  commercial  enterprise.  The  first  attempt  to  establish  a  settlement  in  the 
territory  was  made  by  the  Missouri  P'ur  Company,  of  St.  Louis,  in  1808.  This 
company  planted  several  posts  on  the  upper  Missouri,  and  on  the  headwaters  of 
the  I<ewis  river,  beyond  the  Rocky  mountains,  for  the  purpose  of  establishing  a 
regidar  trade,  which  is  said  to  have  been  the  first  settlement  ever  made  by  white 
men  in  the  territory  watered  by  the  Columbia  and  its  tributaries.  The  project 
however  met  with  much  opposition  and  hostility  from  the  natives,  and  lingered 
in  a  feeble  condition  till  the  year  1810,  when  it  was  abandoned. 

At  this  time  the  Pacific  Fur  Company  was  established  in  the  city  of  New 
York,  under  the  auspices  and  control  of  John  Jacob  Astor,  a  German  merchant, 
possessing  immense  capital,  and  great  commercial  sagacity.  He  proposed  to 
establish  a  post  or  settlement  at  the  mouth  of  the  Columbia  river,  which  should 
be  the  grand  depository  for  furs  collected  at  the  minor  posts  to  be  established  at 
various  points  along  the  shores  of  the  Pacific,  the  branches  of  the  Columbia,  and 
the  headwaters  of  the  Missouri.  Ships  were  to  be  sent  annually  from  New  York 
to  this  grand  depot,  where  they  were  to  discharge  their  cargoes,  were  then  laden 
with  the  furs,  with  which  they  were  to  proceed  to  China,  where  these  were  to  be 
exchanged  at  a  high  rate  for  teas,  silks,  and  other  articles  of  merchandise  des- 
tined for  the  New  York  market.  This  splendid  project  was  no  sooner  conceived 
by  Mr.  Astor,  than,  availing  himself  of  his  ample  means,  he  at  once  undertook  to 
carry  it  into  execution.  With  this  view  lu-  planned  two  expeditions.  In  Septem- 
ber, 1810,  he  dispatched  a  party  on  board  the  ship  Tonquin,  which  sailed  from 
New  York  for  the  Columbia,  under  the  direction  of  Captain  Thome.  Soon  after 
her  arrival  at  the  mouth  of  the  Columbia,  in  March,  181 1,  the  Tonquin  sailed 
toward  the  north  in  the  search  of  furs.  A  spot  had  previously  been  marked  out 
for  the  principal  depot,  on  the  south  side  of  the  Columbia,  about  eight  miles 
from  its  mouth,  which,  in  compliment  to  the  principal  patron  and  projector  of 
this  scheme,  was  called  Astoria.  The  capital  at  his  command  furnishing  the 
necessary  materials,  commodious  buildings  were  erected,  gardens  were  planted, 
a  vessel  was  built  and  launched,  a  traffic  was  carried  on  with  the  natives  in  such 
a  manner  as  to  conciliate  their  prejudices,  and  before  the  summer  passed 
away  Astoria  presented  all  the  appearance  of  a  thriving  and  prosperous  settle- 
ment. 

In  the  spring  of  the  succeeding  year  they  were  joined  by  the  other  party, 
which,  under  the  direction  of  Mr.  W.  P.  Hunt,  of  New  Jersey,  had  taken  the 
route  across  the  continent.  They  took  their  departure  from  St.  Louis  in  January, 
1811.  Entering  the  Missouri,  they  adventurously  and  cautiously  pushed  their 
way  through  the  hostile  tribes  on  its  banks,  now  passing  under  towering  bluffs, 
and  anon  through  level  plains,  which  stretched  far  away  into  the  horizon,  till 
they  reached  the  great  bend  of  the  river,  whence  they  pursued  their  journey  by 
land  to  the  Rocky  mountains.  Passing  over  the  ridge,  in  about  latitude  46°,  they 
came  to  the  Salmon,  a  branch  of  the  Lewis  river,  where  they  again  took  to  their 
canoes,  and  reached  Astoria  in  the  spring  of  181 2.  Soon  after  their  arrival,  in- 
telligence was  received  that  the  Tonquitty  with  her  whole  crew,  had  been  de- 
stroyed by  the  Indians  near  Nootka  sound.  The  various  causes  of  vexation  and 
discouragement  experienced  from  the  hostile  dispositions  of  the  natives,  and  the 


as 

retv 

use( 

and 

Moi 

the 

wa^ 

an  { 

adv 


i  \'i 


l!i !  ■' 


i829 


PROVISIONAL   GOVEKNMENT. 


7« 


losses  and  misfortunes  occasioned  by  the  perils  of  ihe  ocean,  might  indeed  have 
daunted  a  less  efficient  spirit.  But  his  large  pecuniary  resources  enabled  Mr. 
Astor  to  overcome  these  hindrances  ;  and  it  is  difficuH  to  say  to  '.^hat  extent  his 
plans  might  have  been  consummated,  had  they  not  been  fru>l rated  hy  more  for- 
midable obstacles.  Upon  the  declaration  of  war  between  the  L  nited  States  and 
Great  Britain,  all  the  establishments,  furs,  and  property  of  the  Pacific  Fur  Com- 
pany were  transferred  to  the  Northwest  Company  ;  Astoria  was  taken  possession 
of  in  the  name  of  His  Britannic  Majesty,  and  ".  rebaptized  by  the  name  of  Fort 
George." 

Such  was  the  termination  of  the  truly  splendiu  project  of  Mr.  Astor,  occa- 
sioned, as  we  have  seen,  by  events  and  circumstances  which  were  beyond  his 
calculation  or  control.  It  must  be  observed,  however,  that  a  very  large  propor- 
tion of  those  associated  with  him,  and  employed  in  this  enterprise,  were  British 
subjects  They  were  bound  by  no  ties  of  birth,  citizenship,  or  sympathy,  to 
American  interests  ;  and  on  discovering  the  hostile  attitude  in  which  they  would 
be  placed  to  their  nati-  e  sovereigti  in  defending  these  settlements,  they  readily 
withdrew  and  ranked  themselves  on  the  side  of  Great  Britain.  This  fatal  result 
cannot  but  be  a  subject  of  deep  regret,  inasmuch  as  the  mainienance  cf  i.'u.  post 
till  after  the  war  would  have  insured  the  success  of  the  advantages  arising  from 
iin  undisputed  possession  of  the  territory  watered  by  the  Columbia  river  and  its 
branches.  Although  Astoria  was  subsequently  delivea-ed  to  the  "  re-occupation 
of  the  United  States,"  under  the  direction  of  the  Government  of  Great  Britain, 
in  1818,  she  still  maintained  that  she  had  a  right  to  extend  her  juricdiction  over 
the  territory,  and  insisted  that  the  settlement  made  at  Astoria  was  an  encroach- 
mert  on  our  part.  The  question  has  since  undergone  much  discussion  in  the 
diplomatic  correspondence  carried  on  between  the  two  nations,  and  is  hardly  yet 
definitely  adjusted. 

Upon  the  failure  of  the  jcheme  of  Mr.  Astor,  the  Northwest  Company,  and 
subsequently  the  Hudson's  Bay  CcHipany,  severally  established  their  settlements 
in  different  pai  cS  of  the  territory.  They  removed  the  principal  post  from  the 
mouth  of  the  river,  and  established  it  at  Vancouver,  about  six  miles  above  where 
the  Willamette  flows  into  the  Columbia.  We  hear  nothing  more  of  the  American 
adventurers  in  this  region  till  the  year  1823,  when  General  Ashley,  of  St.  Louis, 
fitted  out  an  expedition  for  the  country  beyond  the  Rocky  mountains.  The  dar- 
ing exploits  of  this  enterprising  adventurer  have  been  the  theme  of  admiration 
on  the  western  frontier.  He  had  previously  established  trading  posts  on  this 
side  of  the  mountains  by  his  individual  enterprise.  He  now  crossed  the  moun- 
tains, between  the  sources  of  the  Platte  and  the  Colorado,  near  the  42°  of  latitude, 
and  succeeded  in  collecting  a  large  quantity  of  furs,  which  he  transported  to  St. 
Louis.  In  the  following  year  he  sent  out  a  large  band  of  trappers  and  hui:ters, 
and  in  the  space  of  three  years  collected  furs  amouuting  to  about  $180,000  in 
value.  In  1827,  sixty  men  were  sent  out  under  his  direction,  who  marched  as  far 
as  Lake  Youta  [Utah],  beyond  the  mountains;  and,  in  less  than  eight  months, 
returned  laden  with  a  rich  supply  of  furs.  In  these  expeditions  pack  horses  were 
used  to  transport  the  goods.  Mr.  Ashley  at  length  sold  out  his  establishments 
and  interest  in  the  trade  to  an  association  formed  at  St.  Louis,  called  the  Rocky 
Mountain  Fur  Company,  who  established  a  regular  trade  with  the  countries  of 
the  Colorado  and  Columbia  rivers.  This  company  sent  out  an  expedition  with 
wagons,  in  the  year  1829,  the  following  account  of  which  we  quote,  as  it  will  give 
an  accurate  idea  of  the  course  now  generally  pursued,  and  may  be  useful  to  future 
adventurers  :    "  On  April  20,  we  set  cut  from  St.  Louis,  with  eighty-one  men,  all 


u 


x 


i  ji 
■11!  . 


72 


brown's  political  history. 


1832 


11 


; 


in 


mounted  on  mules ;  ten  wagons,  each  drawn  by  five  mules,  and  two  Dearborns 
(light  carriages  or  carts),  each  drawn  by  one  mule.  Our  route  was  nearly  due 
west  to  the  western  limits  of  the  State  of  Missouri,  and  thence  along  the  Santa 
Fe  trail,  about  fifty  miles  from  which  the  course  was  for  some  degrees  north  or 
west,  across  the  waters  of  the  Kansas,  and  up  the  Great  Platte  to  the  Rocky 
mountains,  and  to  the  head  of  Wind  river,  where  it  issues  fron-  the  mountains. 
This  took  us  until  July  16,  and  was  as  far  as  we  wished  the  wagf  ns  to  go,  as  the 
furs  to  be  brought  in  were  to  be  collected  at  this  place,  which  is  or  was  this  year 
(1829)  the  great  rendezvous  of  the  persons  engaged  in  that  bvsiness.  Here  the 
wagons  could  easily  have  crossed  the  Rocky  mountains,  it  b.nng  what  is  called 
the  vSouthem  pass,  had  it  been  desirable  for  them  to  ao  so.  which  it  was  not,  for 
reason  stated.  For  our  support,  at  leaving  the  Mijpouri  settlements,  until  we 
should  get  into  the  buffalo  country,  we  drove  twelve  head  of  cattle,  besides  a 
milk  cow.  Eight  of  these  only  being  required  for  use  before  we  got  to  the 
buffaloes,  the  others  went  on  to  the  head  of  Wind  river.  We  began  to  fall  in 
with  the  buffaloes  on  the  Platte,  about  350  Kiiles  from  the  white  settlements ;  and 
from  that  time  lived  on  buffaloes,  the  quantity  being  infinitely  beyond  what  we 
needed.  On  August  4,  the  wagons  being  in  the  meantime  loaded  with  the  furs 
which  had  been  previously  taken,  we  set  out  on  our  return  to  St.  Louis.  All  the 
high  points  of  the  mountains  then  in  vie'-  were  white  with  snow  ;  but  the  passes 
and  valleys,  and  all  the  level  country,  were  green  with  grass. 

Our  route  back  was  over  the  same  ground  nearly  as  in  going  out,  and  we  ar- 
rived at  St.  Louis  on  October  loth,  bringing  back  the  ten  wagons,  the  Dearborns 
being  left  behind  ;  four  of  the  oxen  and  the  milk  cow,  were  brought  back  to  the 
settlements  in  Missouri,  as  we  did  not  need  them  for  provision.  Our  men  were  all 
healthy  during  the  whole  time  ;  we  suffered  nothing  bv  th-i  Indians,  and  had  no 
accident  but  the  death  of  one  man,  being  buried  under  a  1  auk  of  earth  that  fell 
upon  him,  and  another  being  crippled  at  the  same  time.  Of  the  mules  we  lost  but 
one  by  fatigue,  and  two  horses  stolen  by  the  Kansas  India  is  ;  the  grass  being, 
along  the  whole  route,  going  and  coming,  sufficient  for  the  ■  apport  of  horses  and 
mules.  The  usual  weight  in  the  wagons  was  about  1,800  pjunds.  The  usual  pro- 
gress of  the  wagons  was  from  fifteen  to  twenty-five  miles  per  day.  The  country  be- 
ing almost  all  open,  level  and  prairie,  the  chief  ol)structions  were  ravines  and  creeks, 
the  banks  whicl:  required  cutting  down  ;  and  for  this  purpose  a  few  men  were  gen- 
erally kept  ahead  of  the  caravan.  This  is  the  first  time  that  wagons  ever  went  to 
the  Rocky  mountains,  and  the  ease  and  safety  with  which  it  was  iloue,  prove  the 
facility  of  communicating  overland  with  the  Pacific  ocean  ;  the  route  from  the 
Southern  Pass,  where  the  wagons  stopped,  to  the  great  falls  of  the  Columbia,  be- 
ing C'isier  and  better  than  on  this  side  of  the  mountains,  with  grass  enough  for 
horses  and  mules,  but  a  scarcity  of  game  for  the  support  of  man." 

The  North  America."  Fur  Company,  at  the  head  of  which  was  Mr.  Astor,  had 
hitherto  confined  its  operations  principally  to  the  neighborhood  of  the  great  lakes, 
the  headwaters  of  the  Mississippi,  and  the  lower  part  of  the  Missouri  rivers.  In 
the  year  1.S22,  it  became  united  with  another  company,  under  tlie  name  of  the  Co- 
lumbia I'ur  Company,  when  its  operations  were  exiended  to  the  lieadwatcrs  of  the 
Missouri,  and  along  the  sources  of  'he  Yellow  Stone.  The  more  enterprising  and 
successful  operations  of  the  trader^*  a*  St.  Louis,  now  stimuialed  this  company  to 
push  their  expeditions  bejond  the  T  >  ky  mo  iiitains.  They  confined  them.selves 
however,  exclusively  to  the  objects  ■■■''  r^-ade  about  the  waters  of  the  Columbia,  and 
seldom  penetrated  into  the  interior  of  the  country. 

In  1832,  Captain  Bonneville,  of  the  United  States  army,  then  stationed  at  one 


1832 


PROVISIONAL   GOVERNMENT. 


73 


of  our  western  frontier  posts,  having  obtained  a  furlough,  with  some  assistance 
from  the  city  of  New  York,  left  Missouri  for  the  Oregon  territory.  He  was  ac- 
companied with  a  band  of  about  100  men,  twenty  wagons,  and  a  number  of  mules 
and  horses,  laden  with  goods,  ard  tnc  necessary  provisions,  and  utensils  for  hunt- 
ing and  trapping.  He  was  the  first  who  crossed  the  Rocky  mountains  with  wagons. 
Pursuing  the  usual  cute  along  the  course  of  the  Platte,  he  arrived  at  the  mount- 
ains so  early  in  the  sv^ason,  as  to  furnish  the  opportunity  of  pursuing  his  enterprise 
under  the  most  favorable  circumstances.  Descending  into  the  vale  on  tht"  opposite 
side  he  struck  l/cwis  river  near  its  source.  He  planted  a  station  near  the  Colorado, 
where  his  party  were  employed  in  trading,  hunti  ig,  and  trapping.  Captain  Bon- 
neville made  several  excursions  over  the  country,  but  it  does  not  appear  that  he 
reached  as  far  as  the  Pacific.  After  an  absence  of  about  two  years,  he  returned 
again  to  St.  Louis  with  the  most  interesting  acccunt  of  the  country  he  had  visited. 

At  about  this  time  (1834),  a  plan  was  proj<;cted  by  Mr,  Nathaniel  Wyeth,  of 
Massachusetts,  to  establish  a  direct  trade  between  the  ports  of  New  England  and 
the  waters  of  the  Columbia.  In  prosecution  of  his  plan,  he  sent  a  vessel  to  the 
coast,  and  himself  made  two  expeditions  across  the  continent.  He  erected  a 
trading  post  near  the  confluence  of  the  Portneuf  and  Lewis  rivers,  in  the  south- 
east comer  of  Oregon,  which  he  called  Fort  Hall ;  and  another  at  the  entrance  of 
the  Wallamet  into  the  Columbia,  on  Wapatoo  island,  abwut  eighty  miles  from 
the  ocean.  His  plan  was  sim.lar  to  that  of  Mr.  Astor.  Having  observed  that 
the  waters  in  this  region  abounded  in  salmon,  he  calculated  that  the  supply  of 
these  would  be  ample  enough  to  meet  all  the  expenses  of  the  expedition,  thus 
leaving  a  clear  profit  on  the  furs.  We  are  indebted  to  the  narrative  of  Mr. 
Wyeth  for  the  most  interesting  and  accurate  account  which  has  yet  been  fum- 
'shed  us  of  the  nature,  capabilities  and  resources  of  Oregon.  His  plan  for  found- 
ing settlements  were  well  contrived,  and  in  its  dawning  operations  bid  fair  to 
establish  an  enterprising  American  colony  upon  the  coast  of  the  North  Pacific. 
The  ample  supplies  which  could  have  been  provided  to  meet  the  demands  of 
commercial  speculation  must  have  led  to  an  increase  of  its  population,  and  its 
consequence  permanency  and  prosperity.  But  the  hopes  which  it  had  inspired 
were  blasted  by  the  hostilities  of  the  Hudson's  Bay  Company.  The  existence  of 
this  company  has  always  been  adverse  to  colonization  in  Oregon,  and  but  one 
settlement  has  been  made  under  its  auspices  west  of  the  Rocky  mountains.  This 
is  on  the  Wallamet,  and  is  composed  of  Canadians,  who  have  intermarried  with 
the  natives,  and  families  of  the  half-breed.  All  its  buildings  and  appliances  are 
subordinate  to  the  uses  and  interests  of  the  company,  and  no  inducements  are 
held  out  to  encourage  a  better  class  of  settlers. 

There  is,  however,  another  class  of  adventurers  (if  we  may  be  permitted  to 
call  them  such)  whose  operations  are  not  unworthy  our  interested  attention.  The 
spirit  of  Christian  philanthropy  suggested  th'*  first  expedition  to  this  territory 
which  was  uncounectf-d  with  any  objects  of  trade  or  gain.  A  small  band  was 
sent  out  for  missionary  pui-poses  by  the  American  Baptist  Society  in  1H32.  These 
were  followed,  in  1835,  by  another  party,  under  the  direction  '^  f  the  Methodist 
Episcopal  Society,  which  planted  a  station  on  the  banks  of  the  Wallamet,  about 
seventy  miles  from  its  mouth.  Since  that  time  their  n^embers  have  been  gradually 
increasing.  It  is  stated  in  a  recent  report  of  this  society,  that  on  October  9,  1839, 
a  company  of  fifty  persons,  including  adults  and  minors,  male  and  female,  left 
New  York  for  Oregon.  These  included  six  missionaries  with  their  wives  and  chil- 
dren ;  one  physician,  wife  and  child;  a  missionary  steward,  wife  and  two  chil- 
dren ;  two  farmers,  wives  and  children  ;  a  cabinet  maker,  two  carpenters  and  a 


74 


brown's  political  history. 


1832 


f(lacksniith,  their  wives  and  children,  and  five  single  female  teachers.  On  their 
arrival  at  the  station  on  the  Wallamet,  the  number  of  settlers  amounted  to  about 
sixty-eight  persons.  The  station,  it  is  stated  in  the  report,  was  well  stocked  with 
cattle,  under  a  fine  state  of  cultivation,  and  had  already  become  "  so  productive 
as  to  furnish  the  mission  family  with  abundance."  The  American  board  have 
stations  at  Kamiah.in  the  country  of  the  Nez  Perces  Indians,  on  the  Kooskooske, 
a  branch  of  the  Lewis  river;  at  Willatpoo,  on  the  Walla  Walla,  near  the  great 
bend  of  the  Columbia;  and  also  on  the  Clear  Water  river ;  at  the  latter  of  which 
a  printing  press  is  in  successful  operation.  It  is  said,  in  their  last  annual  report, 
that  "  a  sawmill  and  giain  mill  have  been  put  in  operation  at  Clear  Wut^r,  and  a 
grain  mill  at  Wauletpu."  Accessions  have  recently  been  made  to  all  of  these 
several  settlements  by  emigrants  from  New  York  and  other  places,  and  they  are 
generally  represented  to  be  in  a  very  thriving  and  prosperous  condition. 

We  cannot  but  regard   the.se  settlements  as  the  precurs  ,rs     *"  incalculable 
good  as  regards  the  future  prospects  and  condition  of  this  terri  It  is  now  a 

serious  question  how  far  its  possession  and  settlement  may  be  an  object  of  interest 
on  account  ot  the  fur  trade.  The  extent  to  which  it  has  been  carried  on,  and  the 
unceasing  avidity  with  which  it  has  been  pursued,  have  caused  the  disappearance 
of  most  of  the  animals  whose  skins  and  furs  were  an  object  of  enterprise.  The 
Hudson's  Bay  Company  have  found  it  I'ecessary  to  restrain  the  trade  at  certain 
seasons,  in  order  to  prevent  their  entire  extinction  ;  and  the  time  is  probablj'  not 
far  distant  when  some  other  mode  of  employing  capital  in  that  region  nmst  be 
resorted  to  ;  while  what  is  now  known  of  the  resources  of  the  country  affords 
but  little  hope  of  a  very  speedy  return  to  any  other  than  what  has  been  hitherto 
the  usual  mode  of  investment.  The  further  investigations  of  science  ma^'  per- 
haps give  greater  accuracy  to  existing  descriptions  and  localities,  but  it  can  de- 
velop no  new  sources  of  wealth  or  aggrandizement.  The  general  characteristic 
features  of  the  country  are  well  understood.  Its  territory  has  been  traversed,  its 
rivers  have  l)een  explored,  and  its  mountains  have  been  scaled  by  the  botanist, 
the  geologist,  the  hunter  and  the  trapper ;  and  the  lover  of  romance  and  ad- 
venture has  delineated  the  variegated  attractions  of  its  natural  scenery.  We  must 
now  regard  it  as  presenting  no  other  allurements  to  the  adventurer  than  such  as 
may  be  found  in  a  rich  and  luxuriant  soil,  a  temperate  and  salubrious  climate, 
and  vast  commercial  capabilities.  The  ordinary  occupation  of  commerce,  agri- 
culture, trade  and  manufactures,  with  industry,  frugality  and  enterprise,  will 
yield  at  once  ample,  and  in  time  an  affluent  recompense.  And  what  more  could 
be  desired?  What  more  (aside  from  the  religious  principle,  how  much  less)  was 
it  that  encouraged  our  forefathers  to  encounter  the  sturdy  forests  and  rigorous 
climate  of  New  England  ?  What  more  was  it  that  has  covered  the  banks  of  the 
Ohio  with  opulent  cities,  and  made  the  valley  of  the  Mississippi  to  teem  with  a 
flourishing  and  happy  population  ?  What  more  was  it  that  has  made  our  whole 
country  the  abode  of  prosperity,  civilization  and  refinement  ?  They  who  are  accus- 
tomed to  estimate  the  progress  of  mankind  by  the  slow  and  languid  growth  of 
ancient  nations,  may  smile  at  the  prediction;  but  let  the  existing  difiiculties  be 
removed  ;  let  the  interposition  of  the  general  Government  settle  the  claims  of  the 
United  States  to  this  te'~itory  ;  let  it  render  the  way  thither  easy  and  accessible, 
by  establishing  permanent  |H>sts  at  convenient  di.stances  on  the  route  ;  let  it 
establish  a  military  post  at  the  mouth  of  the  Columbia  to  protect  the  lives,  the 
property,  and  the  interests  of  its  citizcTis,  and  Oregon  will  soon  be  cove-ed  with 
permanent  settlements,  the  history  of  whose  growth  and  prosperity  .'jhall  at  least 
equal  that  of  any  of  the  states  now  comprising  our  republic. 


f       < 


me,  frj 

with 

died 

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with 

came 

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AmeriJ 


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Is  now 
French 


1832 


1842 


PROVISIONAL  GOVERNMENT. 


75 


11  their 

about 
id  with 
luctive 
d  have 
iooske, 
e  great 
"  which 

report, 
■,  and  a 
af  these 
they  are 

ilculable 
s  now  a 
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and  the 
pear  an  ce 
se.     The 
t  certain 
lably  not 
must  be 
ry  affords 
,  hitherto 
may  per- 
it  can  de- 
racteristic 
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We  must 
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IS  climate, 
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growth  of 
Acuities  be 
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le  Uves,  the 
ne-ed  with 

ill  at  least 


From  a  very  valuable  historical  address  delivered  by  Hon.  Willard 
Rees,  before  the  Oregon  Pioneer  Assocciation,  1870.  I  quote  the 
following  : 

"  French  Prairie,  comparatively  limited  in  extent,  is  nevertheless  a  prolific 
field,  abounding  in  many  stirring  and  important  events  in  connection  with  the 
early  history  of  Oregon.  Here  have  lived  and  now  lie  buried,  two  of  that  gallant 
band  of  pioneers,  who,  with  Lewis  and  Clarke,  in  1X05,  followed  the  waters  of  the 
Columbia  from  their  source  to  the  uttermost  limits  of  the  west. 

"  Here  were  the  homes  of  Gervais,  Lucier,  Cannon,  Jack,  and  on  the  west 
side  of  the  river,  Labonte  and  Laframboise — four  Canadians  and  two  American 
citizens,  all  Astor  men,  who  came  to  Oregon  with  Capt.  Hunt,  in  181 1,  some  who 
were  with  McKinze}-,  when  this  part  of  the  territory  was  first  explored  by  white 
men,  and  in  later  years  with  the  exception  of  Laframboise,  these  five  free  trap- 
pers were  the  first  to  introduce  the  civilizing  arts  of  husbandry  in  the  valley  of 
the  Willamette.  Here  the  pioneer  missionaries,  who  were  sent  to  the  v/estem 
confines  of  the  continent,  first  proclaimed  the  salvation  of  the  Cross  to  .he  wild 
native  tribes  of  the  valley.  Here  too,  were  held  in  1841,  the  first  political  meet- 
ings which  eventuated  in  1845  in  giving  to  the  whole  people  of  the  territory  a  pro- 
visional form  of  republican  government,  a  work  of  the  Oregon  pioneers,  the  his- 
tory of  which  must  endure  while  the  River  of  the  West  shall  continue  to  roll  his 
volunied  waters  to  the  briny  deep. 

In  speaking  of  the  first  settlement  of  French  Frairie,  Mr.  Rees 

says  : 

"The  venerable  Donald  Manson,  who  arrived  at  Vancouver  Jan.  6,  1825, 
now  a  resident  of  ChampcEg,  says :  '  I  married  Felicite,  eldest  daughter  of 
Eitenne  Lucier,  in  October,  1828.  Her  father  was  then  living  on  his  land  claim 
two  miles  above  Champoeg,  where  he  had  settled  in  the  fall  of  1827.' 

"  By  request.  Rev.  B.  Delorme  pastor  of  St.  Paul's  church,  kindly  furnished 
me,  from  the  parish  registry  a  list  of  names  of  the  early  settlers  of  French  Prairie, 
with  age  and  date  of  demise.  I  will  give  here  a  few  names  :  Frances  Quesnel, 
died  1844,  age  65  years.  Philip  Degie,  born  at  Sorel,  Canada,  in  1739,  died  Feb- 
ruary 27,  1847,  aged  108  years.  This  oldest  inhabitant  first  crossed  the  continent 
with  Lewis  and  Clarke  in  1805.  P'rancis  Rivet,  died  September  15,  1852,  aged  95, 
came  to  Oregon  with  Lewis  and  Clarke.  William  Cannon,  born  in  Pennsylvania, 
in  1755,  died  1854,  aged  99  years,  Etienne  Lucier,  died  March  6,  1853.^  Louis 
Labonte  died  in  i860,  aged  80  years.  Joseph  Gervais,  died  July  13,  1861,  aged  84 
years.  These  four  men  were  free  trappers,  and  came  to  Oregon  with  Captain 
Hunt  in  181 1.  Francis  Dupra,  died  1858,  aged  99  years.  Andrew  Longtaiii,  bom 
in  1782,  died  1879,  aged  97  years." 

As  a  matter  of  history  I  insert  the  following  and  hope  it  will  prove 

of  interest. 

Capt.  Robert  Gray  was  a  naval  officer  during  the  Revolution.?,ry  War,  and 
after  the  treaty  of  peace  took  command  of  merchant  vessels  and  made  several 
long  and  successful  trips ;  he  being  the  first  American  navigator  to  carry  the 
American  flag   around  the   world,  discovering  and  entering   the  mouth  of  the 


I  Etienne  Lucier  was  the  first  man  wJio  settled  on  a  farm  in  Oregon.  He  first  settled  at  what 
is  now  East  Portland,  and  after  .-esiding  there  a  few  years  moved  and  settled  on  the  first  farm  in 
French  Prairie,  in  1827. 


I  I 


i    ■, 


76 


brown's  political  history. 


1842 


1 

11. 

n 


mythical  "  River  of  the  West,"  which  he  named  the  Cc^mhia,  May  11,  1792,  and 
claimed  the  country  for  the  United  States  by  right  of  discovery.  On  his  return 
to  Boston,  from  whence  he  sailed,  a  few  silver  medals  were  struck  off,  one  of 
which  was  presented  to  him,  aiii'  •"  ^r  a  more  concise  history,  I  copy  the  following 
nieuiorial  uritttn  by  the  ln*e  J.  Quinn  Thornton,  and  the  report  of  the  Legislative 
Committee  upon  the  subject:  "Mr.  Speaker. — Your  standing  committee  on 
commerce,  to  whom  was  referred  the  accompanying  memorial  of  Hon.  J.  Quinn 
Thornton,  presenting  to  the  state  of  Oregon  a  medal,  the  history  of  which  is 
therein  set  forth,  respectfully  report  that  the  fa  ts  narrated  in  the  memorial  are, 
and  always  will  be,  full  of  historical  interest  to  the  people  of  Oregon,  and  of  the 
United  States."  *  «  #  The  medal  is  made  of  silver  and  has  the  follow- 
ing inscription  :  On  one  side  in  the  center  two  vessels  under  sail,  in  the  circle 
surrounding  them  the  words,  "Columbia  and  Washington,  commanded  by  J. 
Kendrick."  On  the  reverse,  "  Fitted  at  Boston,  North  America,  for  the  Pacific 
ocean,  by  J,  Burrell,  S.  Brown,  C.  Bullfinch,  J.  Darby,  C.  Hatch,  T.  M. 
Pintard,  1787." 

MEMORIAL. 

J.  Quinn  Thornton  would  respectfully  represent  that  in  the  year  1848,  while 
in  Washington  City,  Hall  J.  Kelly,  A.  M.,  of  the  state  of  Massachusetts,  confided 
to  his  trust  a  silver  medal  which  had  been  struck  for  the  purpose  of  commem- 
orating the  great  historical  fact  of  the  discovery  of  the  mouth  of  the  Columbia 
river  b}-  Capt.  Gray,  on  the  nth  of  May,  1792.  Your  memorialist  received  it  in 
trust,  that  at  a  fitting  time  lie  would  "make  a  suitable  disposition  of  it."  Your 
memorialist  knows  not  hov,',  in  executing  the  sacred  trust  confided  in  him,  he 
could  make  a  more  "  appropriate  disposition  of  it  "  than  bj-  presenting  it  to  the 
state,  one  of  the  most  prominent  geographical  features  of  which  is  the  river,  the 
discovery  of  which  it  was  designated  to  commemorate.  He  therefore  prays  your 
honoroble  body,  as  the  representati.es  of  the  people  of  the  state  of  Oregon,  to 
accept  it  in  their  name.  Your  memorialist  hopes  that  it  will  not  be  deemed 
inappropriate,  if  at  tliis  time  and  in  this  presence,  he  present  in  a  condensed 
form  the  principal  historical  facts  which  stand  more  or  less  nearly  connected 
with  this  medal. 

In  the  year  1789,  a  company  of  merchants  in  the  city  of  Boston,  consisting  of 
J.  Barrel!,  vS.  Brown,  C.  Bullfinch,  J.  Darby  C.  Hatch,  and  J.  M.  Pintard,  with  a 
sagacious  liberality  and  an  enlightened  enterprise,  fitted  out  the  Columbia  and 
Washington  for  trade  and  exploration  on  the  northwest  coast  of  America.  The 
former  vessel  was  under  the  command  of  Capt.  Kendrick,  and  the  latter  under 
that  of  Capt.  Gray.  These  gentlemen  sailed  from  Boston  on  the  ,^oth  of  .Septem- 
ber of  the  same  year,  with  letters  from  the  Government  of  the  United  States,  and 
passports  from  that  of  Massachusetts.  Both  vessels  arrived  at  Nootka  Sound  in 
September,  1788 — the  Washington  a  few  days  before  the  Columbia — where  they 
spent  the  winter,  taking  furs  of  the  natives  in  exchange  for  commodities  brought 
for  that  pirrpose.  In  the  following  spring  Capt.  Gray  took  command  of  the  Col- 
umbia and  sailed  for  Canton,  from  which  jilrAce  he  sailed  in  the  autum  of  1789, 
and  returned  to  Boston  harbor  in  1790.  In  1791,  Capt.  Gray  in  command  of  the 
Columbia  and  J  )sepli  liigrahani  in  command  of  the  brig  Hope,  su.ile<i  "' 
North  Parific.  In  the  spring  of  1792,  Capt.  Gray  arrived  on  the  northw-  ■  1, 
and  while  sailing  northward,  discovered  an  o|jen  place  in  latitude  436°  r6',  from 
which  a  current  fowed  with  a  force  sufficient  to  prevent,  him  from  entering, 
though  ^e  spent  nine  days  in  efforts  to  do  so.  In  April,  1792,  he  hailed  the 
British   ship  Discovery,  and  informed   her  commander,  Capt.  Vancouver,  that 


1842 


PROVISIONAL   GOVERNMENT. 


77 


.-v  W 


792,  and 
s  return 
F,  one  of 
oUowing 
;gislative 
littee   on 
J.  Quinn 
which  is 
orial  are, 
id  of  the 
le  follow- 
;he  circle 
ed  by  J. 
tie  Pacific 
:h,  J.  M. 


J48,  while 
,  confided 
commem- 
Columbia 
eived  it  in 
t."     Your 
ti  him,  he 
^  it  to  the 
river,  the 
irays  your 
Dregon,  to 
)e  deemed 
condensed 
connected 

nsisting  of 
rd,  with  a 
'inidia  and 
rica.     The 
tter  under 
f  Septe-nn- 
>tates,  anaA 
I  Sound  in 
vhere  they 
es  brought 
)f  the  Col- 
oi  1789, 
nid  of  the 
ed  %c  tdK 
west  eosst, 
°  lb',  from 
1   entering, 
haiU-a  the 
)aver,  that 


between  the  46th  and  47th  degrees  of  north  latitude,  he  had  discovered  the  mouth 
of  a  river  which  he  was  not  able  to  enter  in  consequence  of  the  force  of  the  cur- 
rent setting  ant  to  sea.  Capt.  Vancouver,  in  his  jonrnal,  speaks  of  this  latitude 
as  having  been  passed  by  him  two  days  before.  He  says,  "the  whole  coast 
formed  one  compact,  solid,  and  nearly  straight  barrier  to  the  sea."  He  also 
further  added  that  he  was  "  thoroughly  convinced  that  he  could  not  possibly 
have  passed  any  safe  navigable  ojiening  harbor,  or  place  of  security  for  shipping, 
on  the  coast,  from  Cape  Mendocino  to  Cape  Flattery  in  48",  nor  had  he  any  rea- 
son to  alter  his  opinion,  notwithstanding  theoretical  geographers,  had  thought 
proper  to  assert  the  existence  of  large  inlets,  communicating  with  the  Mediter- 
ranean sea,  and  safe  rivers  with  safe  and  convenient  ports." 

Captain  Gray,  feeling  certain  that  he  had  discovered  the  mouth  of  a  large 
river,  on  the  nth  of  May,  1792,  renewed  his  efforts  to  enter  with  his  vessel.  With 
some  difficulty  he  succeeded  and  sailed  up  to  the  place  now  known  as  Tongue  Point, 
where  he  dropped  anchor,  took  in  a  supply  of  fresh  water,  and  remained  until  the 
20th,  trading  with  the  natives.  Upon  leaving  the  river.  Captain  Oray  gave  to  it 
the  name  of  his  ship — Coi,umbia.  The  land  immediately  at  the  north  side  of  the 
entrance  of  the  river,  he  called  Cape  Hancock  ;  that  on  tho  south  side,  Cape  Adams. 
*  *  *  In  October,  1792,  Vancouver  having  learned  from  Quaelra,  the  Span- 
ish officer  in  command  at  Nootka,  the  discovery  which  Captain  Gray  reported  he 
had  made,  sent  the  Chatham,  in  command  of  Captain  Broughton,  to  explore  it. 
On  the  arrival  of  that  officer  at  the  mouth  ol  the  river,  he  found  the  brig  Jenny, 
from  Boston,  lying  at  anchor.  The  Jenny  had  sailed  a  few  da\s  previous  from 
Nootka.  Captaiii  Broughton  left  his  vessel  at  the  mouth  of  the  rivir,  and 
proceeded  up  in  his  cutter  to  a  pou-ut  somewhere  near  the  mouth  of  the  Willamette. 
On  the  10th  of  November,  the  Chatham  and  the  Jenny  weighed  anchor,  and  sailed 
in  company  for  tlie  bay  of  San  Francisco.  *  *  *  Captain  Vancouver 
admits  that  Cancain  Gray  discovered  the  river.  After  leaving  Nootka,  in  October, 
1792,  he  sa;s  the  serenity  of  weather  encouraged  him  to  hope  that  he  might  be  en 
abled  on  his  way  south,  to  "  re-examine  the  coast  of  New  Albion,  and  particularly 
a  river  and  harbor  discovered  by  Captain  Gray,  in  the  Columbia,  between  the  46th 
and  47th  degrees  north  latitude." 

Upcu  the  final  return  of  the  expedition,  which,  your  memorialist  has  already 
stated,  was  fitted  out  by  the  sagacious  liberality  and  enlightened  enterprise  of  the 
gentlemen  airead}-  named,  a  few  silver  medals  were  struck  for  the  purpose  of  com- 
memorating Captain  Graj''s  discovery.  It  was  at  once  seen  that  this,  would  be- 
come an  important  fact  as  constituting  one  of  the  great  elements  of  title  to  the 
country  drained  by  the  river  became  priority  of  discovery,  followed  within  a 
reasonable  time  by  occupancy,  gives,  under  the  laws  of  nations,  the  domain.,  iu 
virtue  of  whicV.  :he  nation  aione  may  use  the  country  for  the  supply  of  its  necessi- 
ties, and  the  empire,  or  right  of  sovereign  command. 

One  of  these  imecte^  was  dpposi  ted  m  the  State  Department  at  Washington ,  and 
is  now  in  the  Librr!-r\  of  Cm^ess.  One  was  retained  "^y  Captarr  Gra\ .  It  is  be- 
lieved that  these  aie  the  naly  oaes  now  in  exister-e.  L'pon  (...aptain  (xray'shartdng 
ended  the  vovage  of  life,  sstd  gone  where  all  the  chip's  compaiij'  meet,  '  his 
widow  became  the  ynMeaaarod^  tlae«ae  he  had  retamed.  After  kf  piuift  it  several 
^ears,  she  gave  it  a»  Hall  J,  'Birftj  's  trost  that  he  w^uUl  "make  «■■»  afipropriate 
disposition  of  it"  She  eaafiW. it  to  this  gentiemtan.  becauar  he  had  Irasg  tjeen 
known  to  fa*?  imsvessec!  with  a  sMi»«f  Ae  v^imt  «na  importance  of  the-  cofantry 
west  of  tae  fesidcy  mmnXains,  oai  kaanae  akK-  regarded  him  as  hiTrinif  cunvrived 
the  plan  uf  cokaiizin^  tiae  tosatary,  kanac  for  Heat  object  and  cue  of  »uch  labor 


%  I    ■ 


wir! 


m 

Ir 

1  ■  " 

7« 


rmovvN  s  political  history. 


1846 


the  fouadliij^  of  a  new  rcpiihlic  of  civil  and  religious  freedom  on  the  shores  of  the 
racific. 

Yonr  memorialist,  being  at  the  seat  of  the  Cieneral  Government  ih  i8.|H,  labor- 
ing as  best  he  couM  to  promote  the  common  interest  of  an  infant  community 
which  had  already  planted  under  a  Provisional  Go\eriiment,  tlie  vine  of  Christian- 
ity and  the  germ  of  civil  freedom,  he  received  Ihe  accoinpan\ing  medal,  promising 
to  make  "  some  appropriate  disposition  of  it."  He  therefore  ask-  your  acceptance 
of  it ;  and  he  prays  that  you  may  be  made  the  honored  instrument,  in  the  hands  of 
the  great  Ruler  of  nations,  for  the  establishing  on  broad  and  comprehensive  princi- 
ples, the  institutions  of  civilization  and  liberty,  in 

"  The  contiuiiims  woo'l  wliete  rolls  the  Oregon, 
And  hears  no  sonml  save  his  own  dashings." 

J.  QUINN  THORNTON. 


From  the  Oregon  Spectator  of  Sept.  3,1846,  I  copy  the  following: 
Mr.  Winthrow,  of  Boston,  offered  the  following  memorial  : 
To  the  honorable  Senate  and  House  of  Representatives  of  the  United  States  of 
A^nerica  in  Congress  assenidled :  The  petition  of  Martha  Gray  respectfully  sets 
forth  :  That  your  petitioner  is  the  widow  of  Captain  Robert  Gray,  well  known  as 
the  navigator  who  discovered,  first  entered,  and  gave  its  present  name  to  the  "  Col- 
umbia  river."  That  your  petitioner  was  left  a  widow  nearly  forty  years  ago,  with 
four  young  daughters,  and  without  adequate  means  for  their  education  and  support. 
That  she  has  struggled  thus  far  througli  life  amidst  great  difficulties  and  severe 
trials,  and  in  her  advanced  age  is  still  in  circumstances  requiring  strictest  economy. 
That  her  daughters  are  yet  living,  and  three  of  them  remain  unmarried.  That  her 
late  husband.  Captain  Gray,  was  in  the  naval  service  of  his  countr}  during  apart 
of  the  war  of  the  Revolution,  but  that  your  petitioner  is  unable  under  the  existing 
laws  to  entitle  herself  to  be  placed  upon  the  list  of  United  States  pensioners,  ' '  the  act 
granting  half  pay  and  pensions  to  certain  widows  and  for  other  purposes,"  providing 
only  for  widows  whose  marriage  took  place  before  the  first  of  January,  1794,  and  her 
marriage  having  taken  place  in  the  month  of  February,  1794.  That  neither  her 
late  husband  during  his  life-time,  nor  his  family  since  his  decease,  have  received 
the  slightest  pecuniary  benefit  from  the  great  discovery  herein  referred  to ;  and 
your  petitioner  now,  for  the  first  time,  appeals  to  the  justice  of  her  country  with 
confidence ;  that,  at  the  moment  when  your  honorable  body  's  spreading  before 
the  world  the  claims  of  the  United  States  to  a  vast  territory  of  immense  value,  and 
founding  these  claims,  to  a  great  extent,  upon  a  discovery  made  by  the  energy  and 
perseverance  of  one  of  her  citizens,  the  family  of  that  citizen  will  not  be  suffered, 
in  their  humble  circumstances,  to  go  without  any  remuneration  ;  but  that  your  hon- 
orable l)ody  will  make  such  provisions  as  a  sense  of  justice  and  the  honor  of  the 
nation  seem  to  require  for  the  aged  wid(jw  and  unprotected  daughters  of  the  man 
who  first  unfurled  the  fiag  of  our  country  upon  the  "  Great  River  of  the  West," 
and  who  was  the  first  to  bear  this  flag  in  triumph  round  the  world. 

With  due  respect.  MARTHA  GRAY. 

Boston,  Jan,  17,  1846. 


Ca 


c^: 


Cai 


1846 

s  of  the 

K,  labor- 
iin  unity 
liristiaii- 
omising 
•eplance 
hands  of 
■e  priuci- 


lowing: 

States  of 
.fully  sets 
known  as 
the  "Col- 
ago,  with 
il  support, 
nd  severe 
economy. 
That  her 
ing  a  part 
c  existing 
i,  "the  act 
providing 
j4,  and  her 
leithcr  her 
e  received 
:d  to ;    and 
untry  with 
ing  before 
value,  and 
;uergy  and 
)e  suffered, 
,t  your  hon- 
■nor  of  the 
of  the  man 
;he  West," 


1846 


PROVISIOXAL   GOVERNMENT. 


79 


This  medal  was  struck  commemorating  the  orgaiii/,atioii  and  sailing  of  the 
first  expedition., 

I  have  been  requested  to,  if  possible,  obtain  and  publi.sli  a  fac-simile 
of  the  original  autographs  of  the  earliest  pioneer  missionaries:  The 
following  are  all  that  I  could  obtain,  and  hope  that  they  will  prove  of 
interest  to  the  reader  : 


^:^^^^-*-^  '^^'^t^r^*^^ 


^^ 


Came  to  Oregon  in  1836.     Murdered  at  Lapwai,  Nov.  27,  1847. 
Came  to  Oregot.  in  1836.     Murdered  at  Lapwai,  Nov.  27,  1847. 


Came  to  Oregon  in  1836.         Stationed  among  the  Nez  Perces. 


c^^ 


z^ 


> 


<t^C^-l/V<:^^       2«a' 


f-^:^-^  91   i^f*^^^ 


Came  to  Oregon  in  1836.     Stationed  among  the  Nez  Perces. 


I|*J 


M 


/ 


il 


ri 


il 


80 


brown's  poutical,  history. 


1846 


Came  to  Oregon  in  1838.        Stationed  among  the  Yakima's. 


Came  to  Oregon  in  1838.        Stationed  among  the  Yakima's. 

Came  to  Oregon  in  1838.        Stationed  among  the  Yakima's. 

Came  to  Oregon  in  1838.  Stationed  among  the  Yakima's. 

Came  in  1845.     Killed  at  the  Whitman  massacre,  Nov.  27,  1847. 


Came  to  Oregon  in  1839.        Stationed  with  Rev.  Spalding. 


Came  in  1836. 


Came  in  1838. 


\) 


m 


Provisional  GoYernnieiit. 


1841. 


Provisional  Government;  Death  of  Ewing  Young;  Meeting  at  the 
Methodist  Mission;  Second  meeting;  Election  op  okpicers  ;  Rev. 
David  Leslie  appointed  administrator;  Original  copy  ok  same; 
Third  public  meeting  ;  Captain  Wilkes  and  Dr.  McLoughlin. 


THERE  is  au  inherent  inclination  in  the  character  of  the  Ameri- 
can people  to  organize  themselves  into  forms  of  self  government. 
If  they  compose  an  assembled  train  of  emigrants  who  have  come  to- 
getlier,  strangers  to  one  another,  from  different  points  to  traverse  broad 
and  arid  plains  and  to  face  the  dangers  of  wild  beasts  and  savage 
tribes,  they  organize  for  self  protection  and  to  aid  one  another.  If  in 
the  pursuit  of  the  precious  metals,  they  meet  by  accident  in  a  mount- 
ainous solitude  where  no  law  prevails,  they  organize  mining  camps, 
and  declare  and  enforce  regulations  for  the  district.  They  define  the 
size  of  mining  claims  and  restrain  the  lawless  portion  of  the  newly 
formed  community.  So  it  was  with  the  American  settlers  in  Oregon 
in  1 84 1  ;  composed  of  various  classes  and  of  various  qualities  of  char- 
acter, having  come  by  sea  or  by  land — by  ship,  by  pack  train,  on  foot, 
or  on  horseback,  from  distant  and  diverse  regions,  they  got  themselves 
together  to  take  counsel  how  they  might  form  some  kind  of  Govern- 
ment for  themselves.  They  found  the  country  practically  occupied 
before  them  by  the  Hudson's  Bay  Company — a  corporation  powerful 
and  arrogant,  and  representing  a  Government  inimical  to  them  in  in- 
terest and  occupation.  There  was  also  at  this  time  quite  a  number  of 
discharged  servants  of  the  Hudson's  Bay  Company,  French  Canadians, 
trappers,  hunters  and  bateau  voyageurs,  who  had  spent  the  best  years 
of  their  lives  in  toil,  dangers  and  hardships,  receiving  a  mere  pittance, 
and  cast  adrift  in  their  old  age  to  eke  out  a  living  as  best  they  could. 
They  had  mostly  settled  and  made  farms  upon  what  is  now  known  as 
French  Prairie  in  Marion  county.     Of  course  these  people  were  largely 


lilt^ 


.;ir 


82 


BROWN  S    POLITICAL    HISTORY. 


1841 


under  the  influence  of  the  Hudson's  Bay  Company,  to  whom  they 
looked  for  supplies  and  a  market.  But,  as  subsecjuent  years  disclosed, 
they  were  qualified  to  make  good  American  citizens,  and  were  willing 
to  assimilate  themselves  with  a  new  condition  of  things  as  soon  as 
circumstances  demanded.  Heretofore  the  Hudson's  Bay  Company 
had  been  a  monopoly,  of  government  and  a  monopoly  of  trade  in  all 
the  vast  region  west  of  the  Rocky  mountains  and  north  of  Mexico 
and  up  to  the  Russian  possessions,  save  the  temporary  struggle  of 
American  fur  traders  to  occupy  some  of  the  ground.  As  the  num- 
bers of  the  American  settlers  augmented,  the  grasp  of  this  monopoly 
was  loosened  and  American  influences  began  to  operate. 

February  15,  1841.  Mr.  Ewing  Young,  the  wealthiest  and  most 
enterprising  American  citizen,  died,  and  at  his  funeral,  which  was 
largely  attended,  the  question  arose  :  What  should  be  done  with  his 
property  ?  He  had  left  no  will  nor  heirs,  as  far  as  known,  and  if  he 
had  left  a  will  there  was  no  legal  officer  to  probate  the  same,  and  it  was 
determined  to  hold  a  meeting  at  that  time  and  place,  which  was  done, 
and  the  meeting  was  organized  by  electing  Rev.  Jason  Lee,  the  head 
of  the  Methodist  Mission,  chairman,  but  unfortunately,  there  is  no 
record  of  the  meeting  in  existence.  It  seems  that  a  committee  had 
been  appointed  to  take  into  consideration  the  feasibility  of  organizing 
a  Provisional  Government,  and  adjourned  to  meet  at  the  Methodist  Mis- 
sion February  17th,  and  the  proceedings  were  as  follows: 
Public  Meeting,  Held  February  11 ,  1841, 

At  a  meeting  of  some  of  the  inhabitants  of  the  Willamette  valley,  for  consul- 
tation concerning  the  steps  necessary  to  be  taken  for  the  formation  of  laws,  and 
the  election  of  officers  to  execute  the  same,  for  the  better  preservation  of  peace 
and  good  order,  the  following  business  was  transacted  : 

Rev.  Jason  Lee  was  chosen  chairman,  and  Rev.  Gustavus  Hines  was  choren 
secretary.     On  motion, 

Resolved^  That  an  addition  of  one  be  made  to  the  committee  of  arrangements 
chosen  at  previous  meeting.^     On  motion. 

Resolved,  That  the  chairman  nominate  this  committeeman.  Geo.  Le  Breton 
was  nominated  and  elected. 

Resolved,  That  it  be  recommended  that  there  be  a  committee  of  seven  elected 
for  the  purpose  of  drafting  a  constitution  and  code  of  laws  for  the  government  of 
the  settlements  south  of  the  Columbia  river.     It  was  then 

Resolved,  That  all  settlers  north  of  the  Columbia  river,  not  connected  with 
the  Hudson's  Bay  Company,  be  admitted  to  the  protection  of  our  laws,  on  making 
application  to  that  effect. 

The  meeting  then  proceeded  to  advise  the  committee  of  arrangements  to  pro- 
pose the  making  of  certain  officers,  to-wit :  A  Governor ;  a  Supreme  Judge,  with 
probate  powers ;  three  Justices  of  the  Peace ;  three  constables  ;  three  road  com- 

I  This  was  ihe  meeting  held  the  day  before. 


build 


I84I 


PROVISIONAL   GOVnRNMENT. 


«3 


:  Breton 


tnissioners ;  an  Attorney  General  ;  a  Clerk  of  the  Courts  and  Public  Recorder; 
one  Treasurer  ;  two  overseers  of  the  poor.  It  was  recommended  to  nominate  per- 
sons to  fill  the  several  offices,  and  they  be  chosen  viva  voce. 

The  meeting  then  resolved  itself  into  committee  of  the  whole  for  the  purpose 
of  choosing  candidates  for  the  several  offices,  and  after  having  nominatt'd  persons 
to  fill  the  various  offices   it  was 

Kcsolied,  That  the  doings  of  the  committee  of  the  whole  be  deposited  in  the 
hands  of  the  chairman,  to  be  presented  to  the  meeting  to-morrow. 

On  motion,  the  meeting  then  adjourned  to  meet  at  8  o'clock  to-morrow. 

February  18,  1841. 

At  a  full  meeting  of  the  inhabitants  of  the  Willamette  valley,  at  the  Ameri- 
can Mission  house,  David  Leslie  was  elected  chairman,  and  Sidney  Smith  and 
Gustavus  nines  were  chosen  secretaries. 

The  doings  of  the  previous  meeting  were  presented  to  the  assembly,  and  were 
accepted  in  part,  viz. :  That  a  committee  be  chosen  for  framing  a  constitution 
and  drafting  a  code  of  laws ;  and  that  the  following  persons  compose  the  com- 
mittee. Rev.  F.  N.  Bianchet,  Rev.  Jason  Lee,  David  Donpierre,  Gustavus  Hines, 
Mr,  Charlevon,  Robert  Moore,  J.  L.  Parrish,  Etienne  Lucie  and  Wm.  Johnson. 

Dr.  Ira  L.  Babcock  was  appointed  to  fill  the  office  of  Supreme  Judge  with  pro- 
bate powers  ;  Geo.  Le  Breton  was  chosen  to  fill  the  office  of  Clerk  of  Courts  and 
Public  Recorder ;  Wm.  Johnson  was  chosen  to  fill  the  office  of  High  SheriflF 
Havier  Laderant,  Pierre  Billique  and  Wm.  McCarty  were  chosen  constables. 

Resolved,  That  until  a  code  of  laws  be  adopted  by  this  community,  Dr.  Bab- 
cock be  instructed  to  act  according  to  the  laws  of  the  State  of  New  York. 

Resolved,  That  this  meeting  now  adjourn  to  meet  on  the  first  Tuesday  of 
June,  at  the  new  building,  near  the  Catholic  church. 

Tuesday,    June  i,  1841. 

An  adjourned  meeting  of  the  inhabitants  of  the  Willamette  valley,  at  the  new 
building,  near  the  Catholic  church,  was  calle  I  to  order  by  the  chairman. 

On  motion  the  doings  of  the  former  meeting  were  read. 

The  report  of  the  committee  for  drafting  a  constitution  and  code  of  laws,  was 
called  for,  and  responded  by  the  chairman  and  others,  that  no  meeting  of  the  com- 
mittee had  been  had,  consequently  no  report  had  been  prepared. 

Rev.  F.  N.  Bianchet  requested  to  be  excused  from  serving  further  upon  the 
committee  to  draft  a  constitution  and  code  of  laws,  and  was  excused. 

On  motion,  Ur.  Bailey  was  chosen  to  fill  the  vacancy  and  the  committee  in- 
structed to  meet  on  the  first  Monday  in  August  next.  That  this  committee  be 
instructed  to  report  to  an  adjourned  meeting  on  the  first  Tuesday  in  October  next. 

Resolved,  That  the  committee  for  drafting  constitution  and  laws,  be  instructed 
to  confer  with  the  Commodore  of  the  American  squadron,  *  and  John  McLoughlin, 
Chief  Factor  of  the  Hudson's  Bay  Company,  w'th  regard  to  forming  a  constitution 
and  code  of  laws  for  this  community. 

Resolved,  That  the  motion  to  adopt  the  report  of  the  nominating  committee, 
presented  at  a  former  meeting  be  reconsidered. 

Resolved,  That  the  committee  to  draft  a  constitution,  &c.,  be  instructed  to 
cake  into  consideration,  the  numbi.  and  kind  of  offices  it  will  be  necessary  to 
create,  in  accordance  with  their  constitution  and  code  of  laws,  and  report  the  same 


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brown's  political  history, 


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to  the  next  meeting,  and  that  the  report  of  the  nominating  committee  be  referred 
to  said  committee. 

Moved  and  carried,  that  this  meeting  adjourn  to  meet  aithe  American  Mission 
Hoi'se,  at  1 1  o'clock  on  the  first  Tuesday  in  October  next. 

SIDNEY  SMITH. 
GUSTAVUS  HINES. 

Secretaries. 

It  will  be  noticed  in  one  of  the  last  resolutions,  that  the  matter  of 
organizing  a  Provisional  Government  was  to  be  referred  to  Commodore 
Wilkes  and  Dr.  McLoughlin.  This  was  a  fatal  move,  as  Commodore 
Wilkes  strenuously  advised  against  the  project  and  was  used  as  one  of 
the  arguments,  that  the  United  States  Government  would  extend  their 
laws  over  the  territory  iti  a  short  time,  which  he  must  have  known 
could  not  possibly  transpire  under  two  or  more  years,  as  the  treaties  at 
that  time  required  a  years'  notice  from  the  Government  that  desired  to 
open  the  question  again  for  settlement,  and  then  a  full  year  could,  and 
most  probably  would  be  consumed  in  trying  to  negotiate.  Dr.  Mc- 
Lougblin  at  that  time,  was  Chief  P'actor  of  the  Hudson's  Bay  Company, 
and,  although  his  great  philanthropy  did  tirge  him  to  extend  an  assist- 
ing hand  to  all  in  need  —  whoever  it  might  be,  his  duty  to  his  com- 
pany or  employer  recjuired  him  to  discourage  anything  that  he  might 
conceive  wotild  lead  to  sectional  jealousy,  or  to  interests  adverse  to  his 
company.  He  therefore  expressed  an  opinion  similar  to  that  of  Wilkes, 
although  after  he  had  resigned  his  high  and  lucrative  office  as  Chief 
P'actor,  sustained  the  Provisional  Government,  and  at  the  earliest  date 
possible  declared  his  intentions  to  become  an  American  citizen. 

With  this  discouragement,  the  committee  to  draft  the  constitution 
and  code  of  laws  never  met,  and  the  movement  died  out  for  the  want  of 
some  one  to  keep  the  matter  alive.  Meanwhile  jealousies  in  regard  to 
who  should  fill  the  office  of  Governor  were  rife.  The  Methodist  Mis- 
sion wanted  to  furnish  one  or  two  cand'dates,  the  English  element  a 
candidate,  and  the  last,  but  an  important  factor,  the  non-church  mem- 
bers, men  who  were  neither  Catholics  nor  Protestants  wished  a  candi- 
date. None  could  elect  singly,  no  two  could  combine,  therefore  the 
whole  matter  went  i)y  default,  although  not  killed  in  any  maimer,  but 
postponed  to  a  time  when  more  Americans  would  arrive  and  settle  in 
the  country. 


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ASTORIA     IN     1837. 
{Fiiiiii   C^MM.v  Hislotv  of  i)if^on,  byconsenl.) 


1842 


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Dr.  E.  White;  Oregon  Lyceum;  Whitman's  Winter  Trip;  Mr.  Linn's 
Resolution  ;  Lieutenant  Fremont's  Expedition. 


THERE  were  about  one  hundred  and  forty  American  settlers  in 
Oregon  at  the  beginning  of  1842,  and  the  attempt  of  the  previous 
year  to  organize  a  Provisional  Government  was  allowed  to  lie  dor- 
mant for  the  time  being,  evidently  to  gather  strength  by  augmenta- 
tion of  the  immigration  expected  across  the  plains  that  year.  The 
number  that  came  were  not  ver>'  large,  but  some  of  them  soon  took 
an  active  part  in  assisting  to  further  the  object  of  the  American  por- 
tion of  the  old  settlers,  especially  Captain  Medorem  Crawford  and 
A.  L.  lyovejoy.  The  latter  before  reaching  the  Willamette  valley  re- 
turned across  the  mountains  with  Dr.  Whitman,  and  accomplished  a 
very  perilous  journey.  The  third  person  of  this  year's  immigration, 
and  one  who  attempted  to  rule  the  country,  whether  it  would  be  ruled 
or  not,  was  Dr.  Elijah  White,  who  bore  a  commission  as  sub-agent  to 
the  Indian  Department.  He  was  a  keen,  foxy,  unscrupulous  blather- 
skite, and  a  man  of  great  pretensions. 

The  question  of  establishing  a  Government  began  to  be  mooted, 
and  in  the  fall  of  that  3'ear  the  ' '  Oregon  Lyceum  ' '  was  organized  at 
the  "  Falls,"  or  Oregon  City,  and  the  question  of  establishing  an  in- 
dependent Government  was  discussed  by  its  members,  while  overtures 
were  being  made  to  Canadiaivs  to  take  part.  But  the  Canadt  s  were 
held  back  by  the  influence  of  their  spiritual  leaders  and  the  peculiar  posi- 
tion that  they  were  placed  in  ;  first,  they  were  subjects  of  Great  Britain  ; 
second,  the  countr}-,  through  treaty  then  in  existence,  was  subject  to 
joint  occupancy  of  the  United  States  and  Great  Britain,  although  it  was 
tacitly  admitted  that  that  portion  of  the  country  south  of  the  Columbia 
river  belonged,  or  would  belong  to  the  United  States  ;  and  again,  to 
join  in  this  movement,  would  be  against  the  interest  of  the  Hudson's 
Bay  Company,  most  of  whom  had  been  in  its  employ,  and  still  were 
in  a  manner  dependent  upon  the  company  to  obtain  the  necessaries  of 
life  and  a  market  for  their  produce  ;  third,  the  American  population 
were  Protestants  in  religion,  while  the  Canadians  were  Catholics,  and 


88 


brown's  political  history 


1842 


the  Hudson's  Bay  Company  represented  their  church,  and  they  were 
more  or  less  afraid  that  their  rights  would  be  interfered  with,  in  re- 
gard to  holding  land  and  other  property,  and  th"refore  preferred  to  re- 
main as  they  were  until  the  two  great  Governm'ents  should  settle  the 
matter  of  ownership  of  the  country. 

Taking  into  consideration  the  surrounding  circumstances,  it  does 
not  seem  strange  at  all  that  this  class  of  settlers,  who  knew  nothing 
whatever  of  the  benefits  of  good  government  or  had  ever  taken  part 
in  anything  of  the  kind  should  hold  back,  although  they  lived  in 
great  cordiality  with  all  Americans. 

An  address  was  drawn  up  and  presented  to  the  Americans  the 
next  year,  which  will  appear  in  its  proper  order  of  date. 

That  the  Americans  were  anxious  to  have  their  assistance  was 
founded  on  the  ground  that  they  would  make  good  citizens,  which  an- 
ticipation was  realized  to  its  fullest  extent  when  the  Provisional  and 
Territorial  Governments  were  finally  organized.  And  at  the  present 
day  under  the  state  organization,  those  who  are  still  living  and  their 
descendants  are  the  best  citizens  of  the  community  wherever  they  live. 

As  a  true  narrative  of  the  remarkable  overland  winter  trip  of  1842- 
1843  has  never  been  printed  in  any  history,  and  only  once  in  a  news- 
paper, it  is  deemed  of  so  great  interest  that  a  letter  written  by  Hon..  , 
A.  ly.  Lovejoy,  who  accompanied  Dr.  Whitman  on  that  journey,  is 
herewith  inserted.  Although  written  twenty-eight  years  afterwards, 
it  is  a  plain  and  truthful  statement  and  the  only  one  extant  : 

Orkgon  City,  February  //,  18 jo. 
Dr.  Atkinson  —  Dear  Sir:  In  compliance  with  your  request,  I  will  en- 
deavor to  give  you  some  idea  of  the  journey  of  the  late  Dr.  Marcus  Whitman 
from  Oregon  to  Washington,  in  the  winter  of  1842-1S43.  True,  I  was  the  doctor's 
traveling  companion  in  that  arduous  and  trying  journey,  but  it  would  take 
volumes  to  describe  the  many  thrilling  scenes  and  dangerous  hair-breadth  escapes 
v'e  passed  through,  traveling,  as  we  did,  almost  the  entire  route  through  a  hostile 
Indian  country,  and  enduring  much  suffering  from  the  intense  cold  and  snow  we 
had  to  encounter  in  passing  over  the  Rocky  mountains  in  mid-winter.  T  crossed 
the  plains  in  company  with  Dr.  White  and  others,  and  arrived  at  Wailatpu  the 
last  of  September,  1842.  My  party  camped  some  two  miles  below  Dr.  Whit- 
man's place.  The  day  after  our  arrival.  Dr.  Whitman  called  at  our  camp  and 
asked  me  to  accompany  him  to  his  house,  as  he  wished  me  to  draw  up  a  memorial 
to  Congress  to  prohibit  the  sale  of  ardent  spirits  in  this  country.  The  doctor  was 
alive  to  the  interests  of  this  coast,  and  manifested  a  very  warm  desire  to  have  it 
properly  represented  at  Washington  ;  and  after  numerous  conversations  with  the 
doctor  touching  the  future  prosperity  of  Oregon,  he  asked  me  one  day  in  a  very 
anxious  manner,  if  I  thought  it  would  be  possible  for  him  to  cross  the  mountains 
at -liat  time  of  the  year  ?  I  told  him  I  thought  he  could.  He  next  asked  me, 
"Will  you  accompany  me?  "     After  a  little  reflection  I  told  him  I  would.     His 


:  i 


1842 


PROVISIONAL   GOVERNMENT. 


89 


arrangements  were  rapidly  made.  Through  the  kindness  of  Mr.  McKinley,  then 
stationed  at  Fort  Walla  Waila,  Mrs.  Whitman  was  provided  with  a  suital)le 
escort  to  the  Willamette  valley,  where  she  was  to  remain  with  her  missionary 
friends  until  the  doctor's  return.  We  left  Wailatpu  October  3,  1842,  traveling 
rapidly,  reached  Fort  Hall  in  eleven  days,  remaining  two  days  to  recruit  and 
make  a  few  purchases.  The  doctor  engaged  a  guide  and  we  left  for  Fort  Winte. 
We  changed  from  a  direct  route  to  one  more  southern,  through  the  Spanish 
coimtrj',  via  Salt  Lake,  Taos  and  Sante  Fe.  On  our  way  from  Fort  Hall  to  Fort 
Winte  we  had  terrible,  severe  weather.  The  snow  retarded  our  progress  and 
blinded  the  trail,  so  we  lost  much  time.  After  arriving  at  Fort  Winte  and  mak- 
ing some  purchases  for  our  trip,  we  took  a  new  guide  and  started  for  Fort  Un- 
cumpagra,  situated  on  the  waters  of  Grand  river,  in  the  Spanish  country.  Here 
our  stay  was  verj'  short.  We  took  a  new  guide  and  started  for  Taos.  After  being 
out  some  four  or  five  days  we  encountered  a  terrific  snow  storm,  which  forced  us 
to  seek  shelter  in  a  deep  ravine,  where  we  remained  snow  bound  for  four  days,  at 
which  time  the  storm  had  somewhat  abated,  and  we  attempted  to  make  our  way 
out  upon  the  high  lands,  but  the  snow  was  so  deep  and  the  winds  so  piercing  and 
cold  we  were  compelled  to  return  to  camp  and  wait  a  few  days  for  a  change 
of  weather. 

Our  next  effort  to  reach  the  highlands  was  more  successful ;  but  after  spend- 
ing several  daj^s  wandering  around  in  the  snow  without  making  much  headway 
our  guide  told  us  that  the  deep  snow  had  so  changed  th*"  face  of  the  country  that 
he  was  completely  lost  and  could  take  us  no  further.  This  was  a  terrible  blow  to 
the  doctor,  but  he  was  determined  not  to  give  it  up  without  another  effort.  We 
at  once  agreed  that  the  doctor  should  i;ake  the  guide  and  return  to  Fort  Uncum- 
pagra  and  get  a  new  guide,  and  I  remain  in  camp  with  the  animals  until  he  could 
return  ;  which  he  did  in  seven  days  with  our  new  guide,  and  we  were  now  on  our 
route  again.  Nothing  of  nmch  import  occurred  but  hanl  and  slow  traveling 
through  deep  snow  until  we  reached  Grand  river,  which  was  frozen  on  either  side 
about  one-third  across.  Although  so  very  cold,  the  current  was  so  intensely 
rapid  about  one-third  of  the  river  in  the  center  was  not  frozen.  Our  guide 
thought  it  would  be  dangerous  to  attempt  to  cross  the  river  in  its  present  condi- 
tion, but  the  doctor  nothitig  daunted,  was  the  first  to  take  the  v.ater.  He 
mounted  his  horse — the  guide  and  myself  shoved  the  doctor  and  his  horse  off  the 
ice  into  the  foaming  stream.  Awa\'  he  went  completely  under  water,  horse  and 
all,  but  directly  came  up,  and  after  buffeting  the  rapid,  foaming  current  he 
reached  the  ice  on  the  opposite  shore  a  long  way  down  the  stream.  He  leaped 
from  his  horse  upon  the  ice  and  soon  had  his  noble  animal  by  his  side.  The 
guide  and  myself  forced  the  pack  animals  and  followed  the  doctor's  example,  and 
were  soon  on  the  opposite  shore  drying  our  frozen  clothes  by  a  comfortable  fire. 
W'e  reached  Taos  in  about  thirty  days,  suffering  greatly  from  cold  and  scarcity 
of  provisions.  We  were  compelled  to  use  mule  meat,  dogs,  and  such  other 
animals  as  came  in  our  reach.  We  lemained  at  Taos  a  few  days  only,  and  started 
for  Bent's  and  Savery's  Forts  on  the  hea'  vaters  of  Arkansas  river.  When  we 
had  been  out  some  fifteen  or  twenty  days,  we  met  George  Bent  a  brother  of  Gov. 
Bent,  on  his  way  to  Taos.  He  told  us  that  a  party  of  mountain  men  would 
leave  Bent's  Fort  in  a  few  days  for  vSt.  Louis,  but  said  we  would  not  reach  the 
fort  with  our  pack  animals  in  time  to  join  the  party.  The  doctor  being  very 
anxious  to  join  the  party,  so  he  could  push  on  as  rapidly  as  possible  to  Washing- 
ton, conclvided  to  leave  myself  and  guide  with  the  animals,  and  he  himself  taking 
the  best  animal  with  some  bedding  and  a  small  allowance  of  provisions,  started 


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90 


brown's  political  history. 


1842 


alone,  hoping  by  rapid  traveling  to  reach  the  fort  in  time  to  join  the  St.  Louis 
party,  but  to  do  so  he  would  have  to  travel  on  the  Sabbath,  something  we  had  not 
done  before.  Myself  and  guide  traveled  on  slowly  and  reached  the  fort  in  about 
four  days,  but  imagine  our  astonishment  when  on  making  inquiry  about  the 
doctor  we  were  told  that  he  had  not  arrived  nor  had  he  been  heard  of.  I  learned 
that  the  party  for  St.  Louis  was  camped  at  the  Big  Cottonwood,  forty  miles  from 
the  fort,  and  at  my  request  Mr.  Savery  sent  an  express,  telling  the  party  not  to 
proceed  any  further  until  we  learned  something  of  Dr.  Whitman's  whereabouts, 
as  he  wished  to  accompany  them  to  St.  Louis.  Being  furnished  by  the  gentle- 
men of  the  fort  with  a  suitable  guide  I  started  in  search  of  the  doctor,  and 
traveled  up  the  river  about  one  hundred  miles.  1  learned  from  the  Indians  that 
a  man  had  been  there  who  was  lost  and  was  trying  to  find  Bents'  Fort.  They 
said  they  had  directed  him  to  go  down  the  river  and  how  to  find  the  fort.  I 
knew  from  their  description  that  it  was  the  doctor.  I  returned  to  the  fort  as 
rapidly  as  possible,  but  the  doctor  had  not  arrived.  We  had  all  become  very 
anxious  about  him.  Late  in  the  afternoon  he  came  in  very  much  fatigued  and 
desponding ;  said  that  he  new  that  God  had  bewildered  him  to  punish  !''.m  for 
traveling  on  the  Sabbath.  During  the  whole  trip  he  was  verj' regular  in  his  morn- 
ing and  evening  devotions,  and  that  was  the  only  time  I  ever  knew  him  to  travel  on 
the  Sabbath. 

The  doctor  remained  all  night  at  the  fort,  starting  cxrly  on  the  following 
morning  to  join  the  St.  Louis  party.  Here  we  parted.  The  doctor  proceeded  to 
Washington.  I  remained  at  Bents'  Fort  until  spring  and  joined  the  doctor  the 
following  July  near  Fort  Laramie  on  his  way  to  Oregon,  in  company  with  a  train 
of  emigrants.  He  often  expressed  himself  to  me  about  the  remainder  of  his 
journey  and  the  manner  in  which  he  was  received  at  Washington  and  by  the 
Board  of  Foreign  Mission  at  Boston.  He  had  several  interviews  with  President 
Tyler,  vSecretary  Webster  and  a  good  many  members  of  Congress.  Congress 
being  in  session  at  that  time,  he  urged  the  immediate  temi.'iation  of  the  treaty 
with  Cireat  Britain  relative  to  this  country,  and  begged  them  to  extend  the  laws 
of  the  United  States  over  Oregon,  and  asked  for  liberal  inducen.ents  to  emigrants 
to  come  to  this  coast.  He  was  very  cordially  and  kindly  recei\ed  by  the  Presi- 
dent and  members  of  Congress,  and  without  doubt  the  doc'^^or's  interviews 
resulted  greatly  for  the  benefit  of  Oregon  and  to  this  coast.  But  his  teception  at  the 
Board  of  Foreign  Missions  was  not  so  cordial.  The  board  was  inclined  to  censure 
him  for  leaving  his  post.  The  doctor  came  to  the  frontier  si  ttlements  urging  the 
citizens  to  emigrate  to  the  Pacific.  He  left  Independence,  Missouri,  in  the  month 
of  May,  1843,  with  an  emigrant  train  of  about  i,o<x)  souls,  for  Oregon.  With  his 
energy  and  knowledge  of  the  country,  he  rendered  them  great  assistance  in  ford- 
ing the  many  dangerous  streams  they  had  to  cross,  and  in  finding  a  wagon  road 
through  many  of  the  narrow,  rugged  passes  in  the  mountains.  He  arrived  at 
Wailatpu  about  one  year  from  the  time  he  left,  to  find  his  home  sadly  dilapi 
dated  ;  his  flouring  mill  burned  to  the  groinid.  The  Indians  were  very  hostile  to 
the  doctor  for  leaving  them,  and,  without  doubt,  during  his  absence  the  seeds  of 
that  assassination  were  sown  (by  those  haughty  Cayuses)  which  resulted  in  his 
death,  Mrs.  Whitman  and  many  others,  although  it  did  not  take  place  until  some 
four  years  after. 

I  remain  j-ours,  with  great  respect, 

A.    LAWRENCE    LOVEJOY, 

A.  E.  Wilson,  Peter  Foster,   P.   H.  Hatch,  and  F.  W.  Pettigrove 


•  r'l  1 


1832 


PROVISIONAL   GOVERNMENT. 


91 


also  arrived  this  year,  and  all  proved  to  be  beneficial  acquisitions  to 
the  country.  Mr.  Pettigrove  brought  a  small  stock  of  goods  with  him. 
In  fact,  the  settlers  were  becoming  more  independent  of  the  Hudson's 
Bay  Company  in  regard  to  supplies. 

A  colony  of  about  forty  families  arrived  from  the  Red  River  settle- 
ment to  colonize  Puget  Sound,  under  the  auspices  of  the  Hudson's 
Baj'  Company,  consisting  of  English,  Scotch  and  French  Canadians, 
but  they  did  not  like  the  country  or  their  treatment  and  soon  settled  on 
the  Oregon  side  of  the  Columbia,  and  were  received  as  citizens.  The 
Hudson's  Bay  Company  now  fortified  Fort  Vancouver,  and  Her 
Majesty's  ship  Modeste  was  stationed  in  the  Columbia  river  to  over- 
awe and  control  the  independent  moving  Americans,  which  of  course 
made  the  latter  more  determined  to  organize  a  Government,  and  had 
the  effect  to  hasten  that  object. 

While  the  citizens  w^re  wondering  and  looking  to  the  "  good  time 
coming,"  by  being  recognized  by  the  mother  Government,  Mr.  Linn 
was  still  doing  all  that  could  be  done  to  influence  Congress  to  take  some 
decisive  step,  and  on  his  motion,  all  the  petitions  and  memorials  relat- 
ing to  the  occupancy,  etc.,  of  the  Oregon  territory,  presented  since 
1838  were  removed  from  the  files  and  referred  to  the  select  committee. 

January  4,  1842,  Mr.  Linn  submitted  the  following  :  Resolved,  That  the 
President  of  the  United  States  he  requested  to  give  the  notice  to  the  British  Gov- 
ernment which  the  convention  of  1829  requires,  in  order  to  put  an  end  to  the  treaty  for 
the  joint  occupation  of  Oregon,  west  of  the  Rocky  mountains,  and  which  territory  is 
now  possessed  and  used  by  the  British  Hudson's  Hay  Company,  to  the  ruin  of  the 
American  Indian  and  fur  traders  in  that  quarter,  and  conflicting  with  our  inland 
commerce  with  the  internal  provinces  of  Mexico.     I'laced  on  the  calendar. 

January  21st.  Mr.  Linn,  from  the  select  committee  on  territory  of  Oregon,  re- 
ported a  bill  to  authorize  the  adoption  of  means  for  the  occupation  and  settlement 
of  the  territory  of  Oregon,  and  for  extending  certain  jiortions  of  the  laws  of  the 
Union  over  the  same,  and  for  other  purposes. 

March  28tli.  A  memorial  from  residents  on  Oregon  River  asking  extension  of 
United  States  laws  over  Oregon  territory  ;  from  citizens  of  Missouri  for  the  same. 

April  7th.  The  resolution  submitted  a  few  days  since  by  Mr.  Linn,  for  calling 
for  any  correspondence  011  the  subject  of  the  Oregon  territory  was  taken  up,  and 
Mr.  Preston  having  stated  that  he  had  information  that  the  call  was  unnecessary, 
it  was  on  his  motion  laid  upon  the  table. 

April  30th.  Mr.  Linn  presented  a  petition  from  citizens  of  Michigan  praying 
a  military  occupation  of  the  Oregon  territory  and  its  formation  into  a  territorial 
government. ' 

Lieutenant  Fremont  left  St.  Louis,  Mo.,  about  June  i,  1842,  under 
orders  from  the  war  department,  with  a  party  of  twenty  men  on  a  tour 


!l 


I  Niles'  National  Register,  Vol.  12— 1R42. 


92 


brown's    POMTICAI.    niSTOKV, 


1842 


to  the  Rocky  mountains.  The  object  of  the  expedition  was  an  exam- 
ination of  the  country  betwt-en  the  mouth  of  the  Kansas  and  the  head 
waters  of  the  great  river  Platte,  inchidiug  the  navigable  parts  of  both 
these  rivers,  and  what  is  called  the  Southern  Pass  in  the  Rockj'  mount- 
ains and  the  intermediate  country,  with  a  view  to  the  establishment  of 
a  line  of  military  posts  from  the  frontier  of  Missouri  to  the  mouth  of 
the  Columbia  river.  This  expedition  is  connected  with  the  proposition 
now  before  Congress  to  occupy  the  territory  about  the  Columbia  river, 
as  proposed  by  Dr.  Linn's  bill. 

The  great  river  Platte  is  the  most  direct  line  of  communication  be- 
tween this  country  and  the  mouth  of  the  Columbia,  and  that  route  is 
known  to  be  practicable  and  easy.  It  therefore  becomes  important  to 
ascertain  the  general  character  of  that  river  and  the  adjacent  country, 
and  the  facilities  it  will  be  likely  to  afford  in  prosecuting  the  contem- 
plated settlements  in  Oregon.  The  Southern  Pass,  or  depression  in 
the  Rocky  mountains,  is  near  the  source  of  the  extreme  western  branch 
of  the  Platte,  and  affords  an  easy  passage  for  wagons  which  have  fre- 
quently passed  over  it ;  and  it  is  important  that  the  latitude  of  this 
point  should  be  ascertained,  as  it  is  thought  that  it  will  not  vary  much 
from  the  line  established  between  the  United  States  and  Mexico, 
by  the  treaty  of  Spain  in  1.S19.  If  this  pass  should  fall  south  of  that 
line  (40  degrees  north  latitude)  it  may  be  necessary  to  examine  the 
country  north  of  it ;  the  line  of  the  Yellowstone,  and  the  south  branch 
of  the  Columbia  would,  it  is  thought,  afford  the  next  best  route. 

Lieutenant  Fremont  is  well  supplied  with  instruments  for  making 
astronomical  observations  ;  for  fixing  the  latitude  and  longitude  of  im- 
portant points  ;  and  a  daguerotype  apparatus  for  taking  views  of  im- 
portant points  and  scenes  along  the  route;  and,  if  not  obstructed  in 
his  operations  bj'  large  bands  of  Indians,  which  sometimes  trouble 
small  parties  passing  through  that  region,  may  be  expected  to  impart 
much  valuable  information  to  the  Government  and  the  country. 

Since  the  attention  of  the  country  has  been  directed  to  the  settle- 
ment of  the  Oregon  territory  by  our  able  Senator  (Dr.  Linn)  and  by 
reports  of  those  who  have  visited  that  region  in  person,  the  importance 
of  providing  ample  security  for  the  settlers  there,  and  the  opening  of 
a  safe  and  easy  communication  from  the  western  boundary  of  Missouri 
to  the  Columbia  river,  has  been  universally  admitted. — St.  Louis  Re- 
publican. 


I 


m 


If 
If 


^  H% 


^__^^4/^/^  ^  ^^^£i 


1843. 


Pnill.lC  MlvlCTlNC.  AT  Til  K  iNSTlTli.  Mi:i;TIN(;  AT  JdSKI'H  C.ICKVAIS;  CA- 
NADIAN CiTi/.KNs'  Addkkss;  Dr.  W  iiitk  and  His  Cki;iikntiai,s  ;  I'l'ii- 
MC  MekTinu  and  a  Division    \\\:>  t)N   yiKSTioN    ok  ()U(, animation  ; 

I.HCISI.ATIVK  CoMMlTTKlC  I".  aTKD  MlOlTr  >r  Dl"  LkC  ISI.  \'n  VK  CoM- 
MlTTlCK;     MlvKTiNC.     TO     Ra..1V     TllKlM      TkoCKIvIUNCS  ;     I'J.HCTION      OK 

ExECUTiVK  CoMMiTTKK;  DISTRICT! ::i.  OK  Tkrkitorv  ;  Rivi'ORT  OK  Ju- 
diciary CoMM  TTi:!; ;  Land  L.av;  ..Ii:m(iriai,  To  Con(.ri;ss  ;  Okkcon 
CiTv  Controvi;rsv  ;  Dr.  Wiiiti:'',  Rki'drT;  Ivxtracts  1'rom  Dr.  Mc- 
Loughmn's  Manuscript;  I'irst  Pkintinc.  Prkss  ;  Mdimurc.  Rkvikw 
ArTici.k;  Wim.iam  Sutton's  StaTIvmicnt;  Conc.ricssionai,  Prockkd- 
iNCS;  Dhatii  ok  SknaTor  I, inn;  Provisu)Nai,  Govi;knmi;nt  OkkichrS. 


Procred i iijfs  of  a  Meciitii^  Held  at  the  Orison  Institute,   Fibrnary  _•,  /<S/,?. 

A  puhlic  meeting,  of  a  munber  of  citizens  of  this  colony,  was  culled  to  onler 
to  take  into  consideration  the  propriety  of  adopting  some  measnres  for  the  pro- 
tection of  our  herds,  etc.,  in  this  country. 

On  motion,  I.  L.  Uabcock  was  called  to  the  chair,  who  proceeded  to  state  the 
objects  of  the  meeting,  and  the  necessity  of  acting. 

Mr.  W.  H.  Gray  moved,  and  Mr.  Torn  seconded  the  motion,  that  a  committee 
of  six  be  appointed  to  notify  a  general  meeting,  and  report  business,  etc.,  which 
motion  was  carried,  and  Messrs.  W.  H.  Gray,  Alaiison  Beers,  Joseph  Gervais, 
W.  H.  Willson,  Barnaby  and  E.  Lucie  were  appointed  said  committee. 

Mr.  Beers  moved  that  a  general  meeting  be  i_"alled  at  the  house  of  Mr.  Joseph 
Gervais  on  the  first  Monday  in  March  next,  at  lo  o'clock  a.  m.,  which  motion 
carried.  I.  L.  BABCOCK,   Chairman. 

W.   H.  Wim.son,  Secretary. 


Journal  of  a  Meeting  at  the  House  of  J.  Gervais,  First  Jfonday  in  JIarch,  /S/j. 

In  pursuance  of  a  resolution  of  a  previous  meeting,  the  citizens  of  Wallamet 
valley  met,  and,  the  meeting  beinij  called  to  order,  Mr.  James  O'Xeil  was  chosen 
chairman.  Mr.  Martin  was  chosen  as  secretary,  but  declined  to  serve,  and  Mr. 
Le  Breton  was  chosen . 

Minutes  of  former  meeting  were  read. 

The  committee  appointed  to  notify  a  general  meeting  and  report  business, 
made  the  following  report : 

Your  committee  beg  leave  to  report  as  follows  :  It  is  admitted  by  all,  that 
bears,  wolves,  panthers,  etc.,  are  destructive  to  useful  animals  owned  by  the 
settlers  of  this  colony,  your  committee  woidd  submit  the  following  resolutions,  as 
the  sense  of  this  meeting,  by  which  the  communit)'  may  be  governed  in  carrying 
on  a  defensive  and  destructive  war  against  all  such  animals  : 

Pirst  —  /Resolved,  That  we  deem  it  expedient  for  this  community  to  take  im- 


l!!^ 


i!^ 


I 


, 


I    >i 


i 


i 
It 

h 


94 


brown's  political,  history. 


1843 


mediate  measures  for  the  destruction  of  all  wolves,  panthers  and  bears,  and  such 
other  animals  as  are  known  to  he  deistructive  to  cattle,  horses,  sheep  and  hogs. 

Second  —  That  a  treasurer  be  appointed,  who  shall  receive  all  funds,  and  dis- 
pense the  same,  in  accordance  with  drafts  drawn  upon  him  by  the  committee  ap- 
pointed to  re.  ive  the  evidences  of  the  destruction  of  the  above  named  animals; 
and  that  he  report  the  state  of  the  treasury,  by  posting  up  public  notices  once  in 
three  months,  in  the  vicinity  of  each  of  the  committee. 

Third  —  That  a  standing  committee  of  eight  be  appointed,  whose  dut}'  it  shall 
be,  together  with  the  treasurer,  to  receive  the  proofs,  or  evidences,  of  the 
animals,  for  which  bounty  is  claimed,  having  been  killed  in  the  Wallamet  valley. 

Fourth — That  a  bounty  of  50  cents  be  paid  for  the  destruction  of  a  small  wolf; 
$3  for  a  large  wolf;  $1.50  for  a  U-ns. ;  $2  for  a  bear,  and  $5  for  a  panther. 

Fifth  —  Thatno  bounty  be  paid  unless  the  individual  claiming  said  boimtygive 
satisfactory  evidence,  or  present  the  skin  of  the  head,  with  the  ears,  of  all 
animals  for  which  he  claims  a  bounty. 

Sixth  —  That  the  committee  and  treasurer  fortn  a  board  of  advice  to  call  pub- 
lic meetings,  whenever  they  may  deem  it  expedient,  to  promote  and  encourage 
all  persons  to  use  their  vigilance  in  destroying  all  the  animals  named  in  the 
fourth  resolution. 

Seventh  —  That  the  bounties  specified  in  the  fourth  resolution  be  limited  to 
whites  and  their  descendants. 

Eighth  —  That  the  proceedings  of  this  meeting  be  signed  by  the  chairman 
and  secretary,  and  a  copy  thereof  be  presented  to  the  recorder  of  this  colony. 

All  of  the  above  resolutions  were  adopted. 

On  motion,  W.  H.  Gray  was  chosen  treasurer. 

It  was  moved   and  carried  that  Messrs.  McRoy,  Gervais,  Maitune,  S.  Smith, 
Dougherty,  O'Neil,  Shortes  and  Lucie  be  the  standing  committee. 
G.  \V.  Le  Breton  and  Bridges  were  appointed  collectors. 

On  motion,  the  following  resolutions  were  adopted  : 

Resolved,  That  no  money  be  paid  to  any  white  man,  or  his  descendants, 
previous  to  the  time  of  his  subscription. 

Resolved,  That  the  bounty  of  a  minor  child  be  paid  to  a  parent  or  guardian. 

Resolved,  That  the  draft  for  receiving  subscriptions  be  drawn  by  Mr.  Gray 
and  Le  Breton. 

Resolved,  That  drafts  on  Fort  Vancouver,  the  Mission,  and  the  Milling  Com- 
pany be  received  as  subscriptions  as  payment. 

Mr.  W.  H.  Gray  introduced  the  following  resolutions,  which  were  adopted  : 

Resolved,  That  a  committee  be  appointed  to  take  into  consideration  the  pro- 
priety of  taking  measures  for  the  civil  and  military  protection  of  this  colony. 

Resolved,  That  said  committee  consist  of  twelve  persons,  as  follows  :  Messrs. 
Dr.  Babcock,  Dr.  White,  O'Neil,  Shortess,  Newell,  Lucie,  Gervias,  Hubbard,  Mc- 
Roy, Gray,  Smith  and  Gay  were  appointed  said  committee.  On  motion,  meet- 
ing adjourned.  JAMES  O'NEIL,  President. 

G.  W.  Lk  Breton,  Secretary. 

The  following  addres.s  of  the  Canadian  citizeiLS  was  presented  at 
the  above  meeting,  and  was  laid  a-side  for  the  present : 


1843 


PROVISIONAI,   GOVERNMENT. 


95 


Address  of  the  Canadian    Citizens   of  Oregon   to  the  Meeting   at   Champoeg, 

March  ^,'  A?/J. 

We,  the  Canadian  citizens  of  the  Willamette,  considering,  with  interest  and 
reflection,  the  subject  which  unites  the  people  at  the  present  meeting,  present  to 
the  American  citizens,  and  particularly  to  the  gentlemen  who  called  said  meet- 
ing, the  unanimous  expression  of  our  sentiments  of  cordiality,  desire  of  union 
and  inexhaustible  peace  between  all  the  people,  in  view  of  our  duty  and  the  in- 
terest of  the  new  colony,  and  declare  : 

First  —  That  we  wish  for  laws,  or  regulations,  for  the  welfare  of  our  persons, 
and  the  security  of  our  property  and  labors. 

Second  —  That  we  do  not  intend  to  rebel  against  the  measures  of  that  kind 
taken  last  year,  by  a  party  of  the  people  ;  although  we  do  not  approve  of  certain 
regulations,  nor  certain  mo'les  of  laws,  let  those  magistrates  finish  their  time. 

Third  —  That  we  will  not  address  a  new  petition  to  the  Government  of  the 
United  States,  because  we  have  our  reasons,  till  the  line  be  decided,  and  the 
frontiers  of  the  states  fixed. 

Fourth  —  That  we  are  opposed  to  the  regulations  anticipated,  and  exposed 
to  the  consequences  for  the  quantity,  direction,  etc.,  of  lands,  and  whatsoever  ex- 
pense for  the  same  lands,  because  we  have  no  direct  guarantee  from  the  Govern- 
ment to  come,  and,  perhaps,  to-morrow,  all  thtse  measures  may  be  broken. 

Fifth  —  That  we  do  not  wish  a  provisional  mode  of  Government,  too  self 
interested,  and  full  of  degrees,  useless  to  our  power,  and  overloading  the  colony 
instead  of  improving  it ;  besides,  men  of  laws  and  science  are  too  scarce,  and 
have  too  much  to  do  in  such  a  new  country. 

vSixth,  — That  we  wish  either  the  mode  of  Senate  or  Council,  to  judge  the  dif- 
ficulties, punish  the  crimes  (except  capital  penalties),  and  make  the  regulations  suit- 
able for  the  people. 

Seventh  —  That  the  same  Council  be  elected  and  composed  of  members  from 
all  parts  of  the  country,  and  shall  act  in  a  body,  on  the  plan  of  civilized  countries 
in  parliament,  or  as  a  jury,  and  to  be  represented,  for  example,  by  the  President  of 
said  Council,  and  another  member,  as  judge  of  the  peace,  in  each  county,  allowing 
the  principle  of  recalling  to  the  whole  Senate. 

Eighth  —  That  the  members  shall  be  influenced  to  interest  themselves  to 
their  own  welfare,  and  that  of  the  public,  by  the  love  of  doing  good,  rather  than 
by  the  hope  of  gain,  in  order  to  take  off  from  the  esteem  of  the  people  all  supicions 
of  interest  in  the  persons  of  their  representatives. 

Ninth  — That  they  must  avoid  every  law  loading,  and  inexpedient  to  the  peo- 
ple, especially  to  the  new  arrivals.  Unnecessary  taxes,  and  whatever  records  are 
of  tlia:  ivind,  we  do  not  want  them. 

1  cnth  —  That  the  militia  is  useless  at  present,  and  rather  a  danger  of  bad  sus- 
picion to  the  Indians,  and  a  delay,  for  the  necessary  labors ;  in  the  same  time,  it  is 
a  lord  ;  we  do  not  want  it,  either,  at  present. 

E'eventh  —  That  we  consider  the  country  free,  at  present,  to  all  nations,  till 
Government  shall  have  decided  ;  open  to  every  individual  wishing  to  settle,  without 
any  distinction  of  origin,  and  without  asking  him  anything,  either  to  become  an 
English,  Spanish,  or  American  citizen. 

Twelfth  —  So  wc,  English  subjects,  proclaim  to  be  free,  as  well  as  those  who 
came  from  F'rance,  California,  Unite  1  States,  or  even  natives  of  this  country  ;    and 


i 


I  Evidently  iuteuded  for  May  a,  1843. 


96 


urown's  political  history. 


1843 


i 


i 


ilHi 


we  desire  unison  with  all  the  respectable  citizens  who  wish  to  settle  in  this  country  ; 
or,  we  ask  ti)  be  recognized  as  free  amongst  ourselves,  to  make  such  regulations  as 
appear  suitable  to  our  wants,  save  the  general  interest  of  having  justice  from  all 
strangers  who  niiglit  injure  us,  and  that  our  reasonable  customs  and  pretensions  be 
respected. 

Thirteenth  —  Thai  we  are  willing  to  submit  to  any  lawful  Government  when 
it  comes. 

Fourteenth — That  we  do  not  forget  that  we  make  laws  only  for  necessary 
circumstances.  The  more  laws  there  are,  the  more  opportunities  for  roguery,  for 
those  who  make  a  practice  of  it ;  and  perhaps,  the  more  alterations  there  will  be 
some  day. 

iMfteenth  —  Tint  we  do  not  forget  in  a  trial,  that  before  all  fraud  on  fulfilling 
some  points  of  the  law,  the  ordinary  proofs  of  th.e  certainty  of  the  fact  ought  to  be 
duly  weighed,  so  that  ji  itice  may  be  done,  and  no  shame  given  for  fraud. 

Sixteenth  —  In  a  new  country,  the  more  men  employed  and  paid  by  the  pub- 
lic, the  less  remains  for  industry. 

Se'venteenth  —  That  no  one  can  be  more  desirous  than  we  are,  for  the  pros- 
perity, amelioration,  and  the  general  pjace  of  the  country,  and  especially  for  the 
guaranty  of  our  riglits  and  liberties;  and  such  is  the  wish  we  make  for  all  those 
who  are,  or  may  become  our  fellow-countrymen,  for  long  years  of  peace. 

[Then  follow  our  names  and  persons]. 

In  regard  to  the  above  addres.s,  Mr.  Le  Breton  who  had  taken  a 
very  active  part  in  all  the  proceedings  and  posted  himself  as  he  could 
speak  French,  quietly  laid  the  address  aside. 

Mr.  Gray  says  :  "By  mutual  agreement,  the  committee  of  twelve 
met  at  the  Willamette  Falls,  about  the  middle  of  March,  i^^43.  *  * 
Dr.  White  was  chosen  temporary  chairman,  G.  W.  I_,e  Breton,  secre- 
tary of  the  committee,  a  motion  was  made  and  carried  to  invite  the 
citizens  of  the  valley  to  participate  in  the  deliberations  of  the  commit- 
tee. Rev.  Jason  Lee,  Rev.  A.  P\  Waller,  Geo.  Abernethy,  R.  Moore, 
and  in  fact  all  the  prominent  men  of  the  place  were  present  and  par- 
ticipated in  the  discussions." 

Rev.  Jason  Lee  and  Mr.  Abernethy  were  disposed  to  ridicule  the 
proposed  organization  as  foolish  and  unnecessary,  and  repeated  some 
anecdotes  to  illustrate  their  meaning. 

After  the  adjournment  of  the  committee  of  twelve  at  the  Wallamet 
Falls,  the  French  and  Hudson's  Bay  Company  held  a  meeting  at  Van- 
couver, one  at  the  Falls,  and  two  in  French  Prairie  at  the  Catholic 
church.  At  these  meetings  the  course  to  be  pursued  was  decided  upon 
and  the  above  address  was  drawn  up  and  presented. 

The  meeting  of  the  American  citizens  of  June  i,  1841,  adjourned 
to  meet  on  the  first  Tuesday  ot  the  following  October  seems  not  to  have 
occurred,  or  at  least  no  records  can  be  found  that  such  a  meeting  was 


,i"i'  1 


i«43 


PROVISIONAL   GOVERNMENT. 


97 


1- 
LC 
111 

id 

re 

IS 


held,  but  there  was  a  meeting  held  of  which  the  following  is  a  minute 

of  the  proceedings : 

Champoeo,  June  23,  i<S43. 

At  a  meeting  of  the  citizens  of  the  Willamette,  Dr.  Ira  h.  Babcock,  chairman, 
and  Geo.  W.  Le  Breton,  secretary,  Dr.  Elijah  White  was  asked  to  show  his  creden- 
tials as  United  States  Sub-Agent  of  Indian  Affairs  which  he  did,  and  a  committee 
of  seven  were  appointed  to  draft  a  set  of  resolutions  as  expressive  of  the  feeling  ot 
the  community.  The  committee  consisted  of  Thomas  J.  Hubbard,  Geo.  W.  Le 
Breton,  Robert  Shortess,  Rev.  Gustavus  Hines,  James  O'Neil,  George  Abernethy, 
and  Rev.  Josiah  L,-  Parrish,  who  presented  the  following  and  unanimously  adopted  : 

Resolved,  1.  That  we,  the  citizens  01  Willamette  valley,  are  exceedingly 
happy  in  the  consideration,  that  the  Government  of  the  United  States  have  mani- 
fested their  intentions  through  their  agent.  Dr.  E.  White,  of  extending  their  juris- 
diction and  protection  over  this  country. 

Resolved,  2.  That  in  view  of  the  claims  which  the  aborigines  of  this  country 
have  upon  the  sympathies  of  the  white  man,  we  are  gratified  at  the  appointment  of 
an  agent  by  the  United  States  Government  to  regulate  and  guard  their  interests. 

Resolved,  3.  That  we  highly  approve  of  the  appointment  of  Dr.  E.  White  to 
the  above  office,  and  that  we  will  cordially  co-operate  with  him  in  carrying  out  the 
measures  of  Government  in  reference  to  this  country. 

Resolved,  4.  That  we  feel  grateful  to  the  United  States  Government  for  their 
intended  liberality  towards  the  settlers  of  this  country,  and  for  their  intention  to 
support  education  and  literature  among  us. 

Resolved,  5.     That  it  will  give  us  the  highest  pleasure  to  be  brought  as  soon  as 
practicable,  under  the  jurisdiction  of  our  mother  country. 
J.  Hubbard,  G.  W.  L,B  Breton,  R.  Shortess, 

J.  O'Neil,  G.  Hines,  "  J.  L.  Parrish. 

Resolved  unanimously.  That  the  doings  of  this  meeting  be  transmitted  to  the 
Government  of  the  United  States  by  Dr.  E.  White,  in  order  that  our  views  and 
wishes  in  relation  to  this  country  may  be  known. 

Geo.  W.  Le  Breton,  I.  L.  BABCOCK, 

Secretary.  Chairman. 

At  a  public  meeting  of  the  inhabitants  of  the  Wallamet  settlements,  held  in 
accordan:e  with  the  call  of  the  committee  chosen  at  a  fonner  meeting,  for  the 
purpose  of  taking  steps  to  organize  themselves  into  a  civil  community,  and  pro- 
vide themselves  with  the  protection,  secured  by  the  enforcement  of  law  and 
order. 

Dr.  I.  L.  Babcock  war-  chosen  chairman,  and  Messrs.  Gray,  Le  Breton  and 
WiVlson,  secretaries. 

The  committee  made  their  report,  which  was  read,  and  a  motion  was  made, 
that  it  be  accepted,  which  was  lost,  considerable  confusion  existing  in  con- 
sequence. 

It  was  moved  by  Mr.  Le  Breton,  and  seconded  by  Mr.  Gray,  that  the  meet- 
ing divide,  preparatory  to  being  counted  ;  those  in  favor  of  the  objects  of  this 
meeting  taking  the  right,  and  those  of  a  contrary  mind  the  left,  whioli  being 
carried  by  acclamation,  and  a  great  majority  being  found  in  favor  of  organization, 
the  greater  part  of  the  dissenters  withdrew. ' 

I  The  vote  stood  yeas  55,  nays  50. 


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It  was  then  moved  and  carried,  that  the  report  of  the  committee  be  taken  up, 
and  disposed  of  article  by  article. 

A  motion  was  made  and  carried,  that  a  supreme  judge,  with  probate  powers 
be  chosen  to  officiate  in  this  community. 

It  was  then  moved  and  carried  that  the  following  officers  be  chosen  :  sheriff; 
three  magistrates  ;  three  constables. 

Moved  and  carried  that  a  committee  of  nine  persons  be  chosen  for  tlie  pur- 
pose of  drafting  a  code  of  laws,  for  the  government  of  this  community,  to  be  pre- 
sented to  a  public  meeting  to  be  hereafter  called  by  them,  on  the  fifth  day  of  July 
next,  for  their  acceptance. 

A  motion  was  made  and  carried,  that  a  treasurer,  be  chosen  also  one  major 
and  three  captains. 

Moved  and  carried,  that  we  now  proceed  to  choose  the  persons  to  fill  the  var- 
ious offices,  by  ballot.  W.  E.  Wilson  '  was  chosen  as  supreme  judge  with  pro- 
bate powers  ;  G.  W.  Le  Breton,  was  chosen  as  clerk  or  recorder ;  J.  h.  Meek  was 
chosen  sheriff;  W.  H.  Willson,  was  chosen  treasurer. 

Moved  and  carried  that  the  remainder  of  the  officers  be  chosen  by  hand 
ballot,  and  nominated  from  the  floor. 

Messrs.  Hill,  Shortess,  N«_well,  Beers,  Hubbard  Gray,  O'Neil,  Moore,  and 
Dougherty,  were  chosen  to  act  as  a  legislative  committee.  Messrs.  Burns,  Jud- 
son  and  A,  T.  Smith  were  chosen  to  act  as  magistrates  ;  Messrs.  Ebbets,  Bridges 
and  Lewis  were  chosen  to  act  as  constables ;  John  Howard  as  major ;  Messrs. 
Wm.  McCarty,  C.  McRoy,  and  S.  Smith  were  chosen  captains. 

Moved  and  carried,  that  the  legislative  committee  make  their  report  on  the 
5th  day  of  July  next,  at  Champooick. 

Moved  and  carried  that  the  services  of  the  legislative  committee  be  paid  for, 
at  $1.25  per  day,  and  that  the  money  be  raised  by  subscription. 

Moved  and  carried  that  the  major  and  captains  be  instructed  to  enlist  men  to 
form  companies  of  mounted  riflemen. 

Moved  and  carried  that  an  additional  magistrate  and  constable  be  chosen  : 
Messrs.  Campo  was  chosen  magistrate,  and  Matthews  constable. 

Moved  and  carried  that  the  legislative  committee  shall  not  sit  more  than 
six  days. 

The  meeting  then  adjourned. 

The  question  having  arisen,  with  regard  to  what  time  the  newly  appointed 
officers  shall  commence  their  duties,  the  meeting  was  again  called  to  order,  when 
it  was  moved  and  carried,  that  the  old  officers  remain  in  office  till  the  laws  are 
made  and  accepted,  or  until  the  next  public  meeting. 

Attest:  G.  W.  LE   BRETON, 

Secretary, 

Journal  of  the  Legislative  Committee,  May  /6,  184s . 

Willamette,  May  16,  1843. 

The  legislative  committee  met,  and  came  to  order  by  choosing  Mr.  Moore, 
chairman,  and  G.  W.  Le  Breton,  secretary. 

On* motion  of  Mr.  Gray,  a  committee  of  three,  Messrs.  Gray,  Shortess  and 
Newell,  were  appointed  to  prepare  rules  and  business  for  this  house. 


1  This  should  be  A.  E.  Wilson. 


■  I'rw^ 


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PROVISIOxVAL   GOVERNMENT. 


99 


The  committee  on  rules  reported  and  were  adopted  article  by  article. 

The  chair  appointed  Messrs.  Reers,  Hubbard  and  Shortess  committee  on 
judiciary;  ways  and  means,  Messrs.  Shortess,  O'Neil  and  Dougherty;  military 
affairs,  Messrs.  Hulibard,  Newell  and  Gray  ;  on  private  land  claims,  Messrs. 
Shortess,  Dougherty  and  Hill  ;  division  of  the  country  into  districts,  Messrs. 
Gray,  Dougherty  and  Beers  ;  adjourned. 

The  second  day's  proceedings  consisted  of  reports  of  committees  and  com- 
mittee of  the  whole. 

May  19.  The  committees  on  judiciary  recommended  that  an  executive  com- 
mittee of  three  be  elected  at  the  public  meeting  that  was  to  ratify  their  pro- 
ceedings. ' 

The  legislative  committee  then  adjourned  until  Thursday,  June  27,  1843. 

The  committee  met  pursuant  to  adjournment  and  spent  two  hours  in  consid- 
ering the  report  of  the  revising  committee  to  whom  all  the  reports  of  the  previous 
session  had  been  referred  and  then  adjourned  to  meet  at  Champooick,  July 
5.  1843- 

Attest :    G.  \V.  Le  Brkton,  ROBT.  MOORE, 

Clerk.  Chairman. 


Public  meeting  held  on  the  5th  day  of  July,  1843.'' 

The  inhabitants  of  Oregon  territory  met,  pursuant  to  adjournment,  to  hear 
the  report  of  the  legislative  committee,  and  to  do  such  other  business  as  might 
come  before  them. 

The  report  of  the  legislative  committee  was  considered  section  by  section 
and  very  generally  ?idopted. 

The  executive  committee  were  elected  by  ballot,  consisting  of  the  following 
gentlemen  :  David  Hill,  Alanson  Beers,  and  Joseph  Gale. 

Moved  and  carried,  that  the  committee  chosen  to  carry  into  effect  the  nine- 
teenth -resolution,  have  access  to  all  public  records,  and  also  to  have  authority  to 
call  upon  any  individual  for  information,  necessary  to  carry  out  their  instruc- 
tions. 

Resolved,  That  the  chairman  of  the  meeting,  assisted  by  the  Rev.  Messrs. 
Lee,  Clark,  and  Leslie,  be  a  committee  to  draft,  and  administer  an  oath  of  office, 
to  the  civil  officers  elected  on  the  3d  of  May,  1843 ;  and  that  said  officers  be 
required  to  subscribe  to  the  same,  and  administer  the  oath  to  the  supreme  judge, 
who  shall  hereafter  qualify  all  civil  and  military  officers  elected  by  the  people. 

(Signed)  G.  W.  LE   BRETON, 

Recorder. 

Report  of  Legislative  Committee  upon  Districts. 
The  legislative  committee  recommend  that  the  territory  be  divided  into  four 
districts,  as  follows  : 

First  district  to  be  called  the  Twality  district,  comprising  all  the  country  south 

I  The  cause  for  this  action  was  that  it  was  ascertained  that  a  single  person  could  not  be  elected 
Governor,  as  the  Methodist  Mission  would  present  a  candidate,  the  foreign  population,  consisting 
of  the  Hud.son'8  Bay  Company  and  their  adherents,  and  the  American  citizens  who  did  not  affiliate 
with  either  of  the  other  two  parties,  and  would  endanger  the  whole  scheme. 

3  The  proceedings  are  so  long,  I  give  material  portion. 


11  ; 


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of  the  northern  boundary  line  of  the  United  States,  west  of  the   Willamette  or 
Multnomah  river,  north  of  the  Yamhill  river  and  east  of  the  Pacific  ocean. 

Second  district  to  be  called  the  Yamhill  district,  embracing  all  the  oountrj' 
west  of  the  Willamette  or  Multnomah  river,  and  a  supposed  line  running  north 
and  south  from  said  river,  south  of  the  Yamhill  river  to  the  parallel  of  42° 
north  latitude,  or  the  boundary  line  of  the  United  States  and  California,  and  east 
of  the  Pacific  ocean. 

Third  district  to  be  called  the  Clackamas  district,  comprehending  all  the  terri- 
tory not  included  in  the  other  three  districts. 

Fourth  district  to  be  called  the  Chanipooick  district,  and  bounded  on  the 
north  by  a  supposed  line  drawn  from  the  mouth  of  the  Anchiyoke  river,  rutining 
due  east  to  the  Rocky  mountains,  west  by  Willamette  or  Multnomah  river  and  a 
supposed  line  running  due  south  from  said  river  to  the  parallel  of  42°  north  lati- 
tude, south  by  the  boundary  line  of  the  United  vStates  and  California,  and  east  by 
the  summit  of  the  Rocky  mountains. 

The  legislative  committee  also  recommend  that  the  above  districts  be  desig- 
nated as  Oregon  territory. 

Approved  by  the  people,  July  5,  1843. 

Attest :  G.  W.  LE  BRETON, 

Recorder. 


Report  of  Legislative  Committee  on  Ways  and  Means. 
"  The  legislative  committee  report  that  a  subscription  paper,  as  follows,  be  put 
in  circulation  to  collect  funds  for  defraying  the  expenses  of  the  Government : 

We,  the  subscribers,  pledge  ourselves  to  pay,  annually,  to  the  treasurer  of 
Oregon  territory  the  sum  affixed  to  our  respective  names,  for  the  purpose  of  de- 
fraying the  expenses  of  the  Government.  Provided,  that,  in  all  cases,  each  indi- 
vidual subscriber  may,  at  any  time,  withdraw  his  name  from  said  subscription, 
upon  paying  up  all  arrearages  and  notifying  the  treasurer  of  the  colony,  of  such 
desire  to  withdraw. 

Approved  by  the  people,  July  5,  1843. 

Attest :  G.  W.  LE  BRETON, 

Recorder. 


Report  of  the  Legislative  Comtnittce  upon  the  Judiciary. 

The  legislative  committee  recommend  that  the  following  laws  (upon  judiciary) 
be  adopted  : 

Section  i.  We,  the  people  of  Oregon  territory,  for  the  purpose  of  mutual 
protection,  and  to  securp  peace  and  prosperity  among  ourselves,  agree  to  adopt  the 
following  laws  and  regulations,  until  such  time  as  the  United  States  of  America 
extend  their  jurisdiction  over  us. 

Be  it  therefore  enacted  by  the  free  citizens  of  Oregon  territory,  That  the  said 
territory,  for  the  purposes  of  temporary  Government,  be  divided  into  not  less  than 
three,  Hor  more  than  five  districts,  subject  to  be  extended  to  a  greater  number 
when  an  increase  of  population  shall  require  it. 

For  the  purpose  of  fixing  the  principles  of  civil  and  religious  liberty,  as  the 
basis  of  all  laws  and  constitutions  of  Government  that  may  hereafter  be  adopted. 

Be  it  enacted,  That  the  following  articles  be  considered  as  articles  of  compact 
among  the  free  citizens  of  this  territory  : 


I 


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PROVISIONAL   GOVERNMENT. 


lOI 


Article  i.  No  person,  denieaning  himself  in  a  peaceable  and  orderly  man- 
ner, shall  ever  be  molested  on  account  of  his  mode  of  worship  or  religious  senti- 
ment. 

Art.  2.  The  iuh.Hbitauts  of  said  territory  shall  always  be  entitled  to  the  bene- 
fits of  the  writ  of  fiahras  corpus  and  trial  by  jury  ;  of  a  proportionate  representa- 
tion of  the  people  in  the  legislature,  and  of  judicial  proceedings,  according  to  the 
course  of  common  law.  All  persons  shall  be  bailable,  unless  for  capital  offenses, 
where  the  proof  shall  be  evident  or  the  presumption  great.  All  fines  shall  be  mod- 
erate, and  no  cruel  or  unusual  punishments  inflicted.  No  man  shall  be  deprived 
of  his  liberty  but  by  the- judj.',nu!nt  of  his  peers  or  the  law  of  the  land;  and  should 
the  public  exigencies  make  it  necessary  for  the  common  preservation  to  take  any 
person's  property,  or  to  demand  his  particular  services,  full  compensation  shall  be 
made  for  the  same.  And,  in  the  just  preservation  of  rights  and  property,  it  is 
understood  and  declared  that  no  law  ought  ever  to  be  made,  or  have  force,  in  said 
territory,  that  shall  in  any  manner  whatever  interfere  with,  or  affect  private  con- 
tracts, or  engagements,  bona  fide,  and  without  fraud  previously  formed. 

Art.  3.  Religion,  morality  and  knowledge  being  necessary  to  good  govern- 
ment, and  the  happiness  of  mankind,  schools  and  the  means  of  education  shall 
forever  be  encouraged. 

The  utmost  good  faith  shall  always  be  observed  toward  the  Indians.  Their 
lands  and  property  shall  never  be  taken  away  from  them  without  their  consent ; 
and,  in  their  property,  rights  and  liberty  they  shall  never  be  invaded  or  disturbed, 
unless  in  just  and  lawful  wars,  authorized  by  the  representatives  of  the  people; 
but  laws,  rounded  injustice  and  humanity,  shall,  from  time  to  time,  be  made  for 
preventing  injustice  being  done  to  them,  and  for  preserving  peace  and  friendship 
with  them. 

Art.  4.  There  shall  be  neither  slavery  nor  involuntary  servitude  in  said  ter- 
ritory, otherwise  than  for  the  punishment  of  crimes  whereof  the  party  shall  have 
been  duly  convicted. 

Sec.  2,  Art.  i.  Be  it  enacted  by  the  anthoiities  aforesaid.  That  the  oflBcers 
elected  on  the  2d  of  May,  shall  continue  in  office  until  the  second  Tuesday  in 
May,  1844,  and  until  others  are  elected  and  qualified. 

Art.  2.  Be  it  further  enacted.  That  an  election  of  civil  and  military  officers 
shall  be  held  annually  on  the  second  Tuesday  in  May,  in  the  several  districts  of 
such  places  as  shall  be  designated  by  law. 

Art.  3.  Each  officer  heretofore  elected,  or  hereafter  to  be  elected,  shall, 
before  entering  upon  the  duties  of  his  office,  take  an  oath  or  affirmation  to  sup- 
port the  laws  of  the  territory,  and  faithfully  to  discharge  the  duties  of  his  office. 

Art.  4.  Every  free  male  descendant  of  a  white  man,  an  inhabitant  of  this 
territory,  of  the  age  of  twenty-one  years  and  upwards,  who  shall  have  been  an  in- 
;  ibitant  of  this  territory  at  the  time  of  its  organization,  shall  be  entitled  to  vote 
at  the  election  of  officers,  civil  and  military,  and  be  eligible  to  any  office  in  the 
territory  ;  provided,  that  all  persons  of  the  description  entitled  to  vote  by  the  pro- 
visions of  this  section,  who  shall  havecniigrated  to  this  territory  after  organization, 
shall  be  entitled  to  the  rights  of  citizens  after  having  resided  six  months  in  the 
territory. 

Art.  5.  The  executive  power  shall  be  vested  in  a  committee  of  three  persons, 
elected  by  the  qualified  voters  at  the  annual  election,  who  shall  have  power  to 
grant  pardons  and  reprieves  for  offenses  against  the  laws  of  the  territory  ;  to  call 


.- 


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' 


out  the  military  force  of  the  territory  to  repel  invasion,  or  suppress  insurrection  ; 
to  take  care  that  the  laws  are  faithfully  executed,  and  to  recommend  such  la\vs  as 
they  may  consider  necessary,  to  the  representatives  of  the  people,  for  their  action. 
Two  members  of  the  committee  shall  constitute  a  quorum  to  transact  busine^.. 

Art.  6.     The  legislative  power  shall  be  vested  in  a  committee  of  nine  per 
sons,  who  shall  be  elected  by  the  qualified  electors  at  the  annual  election,  giving 
to  each  district  a  representation  in  ratio  of  its  population,  excluding  Indians; 
and  the  said  members  of  the  committee  shall  reside  in  the  district  for  which  they 
shall  be  chosen. 

Art.  7.  The  judicial  power  shall  be  vested  in  a  supreme  court,  consisting 
of  a  supreme  judge  and  two  justices  of  the  peace ;  a  probnte  court,  and  in 
justices  of  the  pea^e.  The  jurisdiction  of  the  supreme  court  shall  be  both  ap- 
pellate and  original ;  that  of  the  probate  court  and  justices  of  the  peace  as  limited 
by  law  :  Provided,  That  individual  justices  of  the  peace  shall  not  have  jurisdic- 
tion of  any  matter  of  controversy,  when  the  title  or  boundary  of  land  may  be  in 
dispute,  or  where  the  sum  claimed  exceeds  $50. 

Art.  8.  There  shall  be  a  recorder  elected  by  the  qualified  electors,  at  the 
annual  election,  who  shall  keep  a  faithful  record  of  the  proceedings  in  the  legis- 
lative committee,  supreme  and  probate  courts;  also  record  all  boundaries  of 
land  presented  for  that  purpose,  and  all  marks  and  brands  used  for  marking  live 
stock  ;  procure  and  keep  the  standard  weights  a'nd  measures  required  by  law, 
seal  weights  and  measures,  and  keep  a  record  of  the  same  ;  and  also  record  wills 
and  deeds,  and  other  instruments  of  writing,  required  by  law  to  be  recorded. 
The  recorder  shall  receive  the  following  fees,  viz:  For  recording  wills,  deeds, 
and  other  instruments  of  writing,  12  cents  for  every  100  words,  and  the  same 
price  for  copies  of  the  same  ;  for  every  weight  or  measure  sealed,  25  cents;  for 
serving  as  clerk  of  the  legislative  committee,  the  same  daily  pay  as  the  members 
of  the  legislature  ;  and  for  all  other  services  required  of  him  by  this  act,  the  same 
fees  as  are  allowed  for  similar  services  by  the  laws  of  Iowa. ' 

Art.  9.  There  sliall  be  a  treasurer  elected  by  the  qualified  electors  of  the 
territory,  who  shall,  before  entering  upon  the  duties  of  his  office,  give  bond  to 
the  executive  committee  in  the  sum  of  $1,500,  with  two  or  more  securities,  to  be 
approved  by  the  executive  committee,  conditional  for  the  faithful  discharge  of 
the  duties  of  his  office.  The  treasurer  shall  receive  all  moneys  belonging  to  the 
territory,  that  may  be  raised  by  contribution,  or  otherwise,  and  shall  procure  suit- 
able books,  in  which  he  shall  enter  an  account  of  his  receipts  and  disbursements. 

Art.  10.  The  treasurer  shall  in  no  case  pay  money  out  of  the  treasury,  but 
according  to  law,  and  shall  annually  report  to  the  legislative  committee  a  true  ac- 
count of  his  receipts  and  disbursements,  with  necessary  vouchers  for  the  same, 
and  shall  deliver  to  his  successor  in  office,  all  books,  moneys,  accounts,  or  other 
property,  belonging  to  the  territory,  as  soon  as  his  successsor  shall  become 
qualified. 

Art.  II.  The  treasurer  shall  receive,  for  his  services,  the  sum  of  5  per  cent, 
of  all  moneys  received  and  paid  out,  according  to  law,  and  3  per  cent,  of  all 
moneys  in  the  treasury  when  he  goes  out  of  office,  and  2  per  cent,  upon  the  dis- 
bursement of  all  money  in  the  treasury  when  he  comes  into  office. 

Art.  12.  The  laws  of  Iowa  territory  shall  be  the  law  in  this  territory,  in 
civil,  military,  and  criminal  cases  ;  where  not  otherwise  provided  for,  and  where 


'There  was  only  one  taw  book  at  this  time  in  Oregon,  and  that  was  a  copy  of  the  Statute 
of  Iowa. 


tf     ™  I 


1843 


PROVISIONAIv   GOVERNMENT. 


103 


i 


no  statute  of  Iowa  territory  applies,  the  principles  of  common  law  and  equity 
shall  govern. 

Art.  13,  The  law  of  Iowa  territory,  regulating  weights  and  measures,  shall 
be  the  law  of  this  territory  :  Pyox'ided,  That  the  supreme  court  shall  perform  the 
duties  of  the  county  commissioners,  and  the  recorder  shall  perform  the  duties  of 
the  clerk  of  the  county  commissioners,  as  prescribed  in  said  laws  of  Iowa  :'  And 
provided.  That  sixty  pounds,  avoirdupois  weight,  shall  be  the  standard  weight  of 
a  bushel  of  wheat,  whether  the  same  be  more  or  less  than  2,150  2-5  cubic  inches. 

Art.  14.  The  laws  of  Iowa  territory,  respecting  wills  and  adnr  listrations, 
shall  be  the  laws  of  this  territory  in  all  cases  not  otherwise  provided  for. 

Art.  15.  The  law  of  Iowa  respecting  vagrants  is  hereby  adopted,  as  far  as 
adapted  to  the  circumstances  of  the  citizens  of  Oregon. 

Art.  16.  The  supreme  court  shall  hold  two  sessions  annually,  upon  the 
third  Tuesdays  in  April  and  September ;  the  first  session  to  be  held  at  Cham- 
pooick,  on  the  third  Tuesday  of  September,  1843,  and  the  second  session  at 
Twality  Plains,  on  the  third  Tuesday  of  April,  1844.  At  the  session  of  the  su- 
preme court,  the  supreme  judge  shall  preside,  assisted  by  two  justices;  Provided, 
That  no  justice  shall  assist  in  trying  any  case  that  has  been  brought  before  the 
court  by  appeal  from  his  judgment.  The  supreme  court  shall  have  original  juris- 
diction in  cases  of  treason,  felony,  or  breaches  of  the  peace,  and  in  civil  cases, 
where  the  sum  claimed  exceed  $50. 

Art.  17.  All  male  persons,  of  the  age  of  16  years  and  upwards,  and  all 
females,  of  the  age  of  14  and  upwards,  shall  have  a  right  of  engaging  in  mar- 
riage :  Provided,  That  where  either  of  the  parties  shall  be  under  the  age  of  21, 
the  consent  of  the  parents  or  guardians  of  such  minors  shall  be  necessary  to  the 
validity  of  such  matrimonial  engagement.  Every  ordained  minister  of  the  gospel 
of  any  religious  denomination,  the  supreme  judge,  and  all  justices  of  the  peace 
are  hereby  authorized  to  solemnize  marriages  according  to  law,  to  have  the  same 
recorded,  and  pay  the  recorder's  fee.  All  marriages  shall  be  recorded  by  the 
territorial  recorder,  within  one  month  from  the  time  cf  such  marriage  taking 
place  and  being  made  to  him  officialh'.  The  legal  fee  for  marriage  shall  be  $l, 
and  for  recording  the  same,  50  cents. 

Art.  18.  All  offices  subsequently  made  shall  be  filled  by  election  and  ballot 
in  the  several  districts,  in  the  most  central  and  convenient  place  in  each  district, 
upon  the  day  appointed  by  law,  and  under  such  regulations  as  the  laws  of  Iowa 
provide. 

Art.  19.  Resolved,  That  a  committee  of  three  be  appointed  to  draw  up  a 
digest  of  the  doings  of  the  people  of  this  territory,  with  regard  to  an  organiza- 
tion, and  transmit  the  same  to  the  United  States  Government,  for  their  informa- 
tion. 

Resolved,  That  the  following  portions  of  the  laws  of  Iowa,  as  laid  down  in 
the  statute  laws  of  the  Territory  of  Iowa,  enacted  at  the  first  session  of  the  legis- 
lative assembly  of  said  territory,  held  at  Burlington,  1 838-1 839 ;  published  by 
authority ;  certified  to  by  William  B.  Conway,  secretary  of  Iowa  territory,  be 
adopted  as  the  laws  of  this  territory.  ^ 
Approved  by  the  people,  July  5,  1843. 

G.  \V.  LE  BRETON, 

Recorder. 


I 
'  I. 


!  , 


I  I  copy  this  as  I  find  it,  but  it  is  evident  that  this  paragraph  belongs  to  Art  16. 
3  I  omit  the  laws  cited  as  at  present  immaterial. 


Ill 


104 


brown's  foliticai.  history, 


1843 


Laiv  of  Land  Claims. 

Articmj  I.  Any  person  now  holding,  or  hereafter  wishing  to  establish,  a 
claim  to  land  in  this  territory,  shall  designate  the  extent  of  his  claim  by  natural 
bovindaries,  or  by  marks  at  the  corners  and  on  the  lines  of  such  claim,  and  have 
the  extent  and  boundaries  of  such  claim  recorded  in  the  office  of  the  territorial 
recorder,  in  a  book  to  be  kept  by  him  for  that  purpose,  within  twenty  days  from 
the  time  of  making  said  claim  :  Provided,  that  those  who  shcJl  already  be  in  pos- 
session of  land,  shall  be  allowed  one  year  from  the  passage  of  this  act,  to  fde  a 
description  of  his  claim  at  the  recorder's  office. 

Art.  2.  All  claimants  shall,  within  six  months  of  the  time  of  recording 
their  claims,  make  permanent  improvements  upon  the  same  by  building  or  enclos- 
ing, and  also  becoming  an  occupant  upon  said  claim  within  one  year  from  the  date 
of  such  record. 

Art.  3.  No  individual  shall  be  allowed  to  hold  a  claim  of  more  than  one 
square  mile,  or  640  acres  in  a  square  or  oblong  form,  according  to  the  natural  situ- 
ation of  the  premises;  nor  shall  any  individual  be  allowed  to  hold  more  than  one 
claim  at  the  same  time.  Any  person  complying  with  the  provisions  of  these  ordi- 
nances, shall  be  entitled  to  the  same  recourse  against  trespass  as  in  other  cases  by 
law  provided. 

Art.  4.  No  person  shall  be  entitled  to  hold  such  a  claim  upon  city  or  town 
sites,  extensive  water  privileges,  or  other  situations  necessary  for  the  transaction 
of  mercantile  or  manufacturing  operations,  to  the  detriment  of  the  community 
Provided,  that  nothing  in  these  laws  shall  be  so  construed  as  to  effect  any  claim  of 
any  mission  of  a  religious  character,  made  previous  to  this  time,  of  an  extent  not 
more  than  six  miles  square. 

Approved  by  the  people,  July  5,  1843. 

Attest:  G.  W.  LE  BRETON, 

Recorder. 

The  following  petition  or  memorial  was  drawn  up  and  signed  by  a 
large  number  of  the  then  settlers,  and  I  insert  without  comment,  allow- 
ing the  reader  to  form  his  own  opinion  and  history  to  render  its  verdict: 

Petition  of  Citizens  of  Oregon  in  1S43. 

To  the  Honorable  the  Senate  and  House  of  Representative  of  the  United  States 
of  America  in  Congress  assembled:  We,  the  undersigned,  settlers  south  of  the 
Columbia  river,  beg  leave  respectfully  to  present  to  your  honorable  body  : 

As  has  been  before  represented  to  your  honorable  body,  we  consider  ourselves 
citizens  of  the  United  States,  and  acknowledge  the  right  of  the  United  States  to 
extend  its  jurisdiction  over  us;  and  the  object  of  the  present  memorial  is  to  ask 
that  the  protection  of  the  United  States  may  be  extended  to  us  as  soon  as  possible. 
Hitherto  our  numbers  have  been  small,  and  the  few  difficulties  that  arose  in  the 
settlement  were  speedilj  and  satisfactorily  settled.  But,  as  our  own  settlement  in- 
creases in  numbers,  so  our  difficulties  increase  in  numbers  and  importance  ;  and, 
unless  we  have  laws  to  govern  us  that  will  be  respected  and  obeyed,  our  situation 
will  be  a  deplorable  one.  Where  the  highest  court  of  appeal  is  the  rifle,  safety 
in  life  and  property  cannot  be  depended  upon. 

The  state  of  the  country,  its  climate,  resources,  soil,  productions,  etc.,  has  al- 
ready been  laid  before  your  honorable  body,  in  Captain  Wyeth's  memoir,  and  in 
former  memorials  from  the  inhabitants  of  this  place. 


1843 


I'ROVISIONAU   GOVKRNMENT. 


105 


'^'i 


Laws  are  made  to  protect  the  weak  against  the  mijihty,  and  we  feel  the  neces- 
sity of  Iheni  in  the  steps  that  are  constantly  taken  by  the  Honorable  Hudson's 
Ray  Company,  in  their  opposition  to  the  improvement  and  enterprise  of  American 
citizens.  V<m  have  been  apprised  already  of  their  opposition  to  Captain  Wyeth, 
Honneville  and  others,  anvl  we  find  that  the  same  spirit  dwells  with  them  at  the 
present  day.  Some  years  a,ro,  when  the  Hud-ion's  Hay  Company  owned  all  the 
cattle  in  the  country  they  would  not  sell  on  any  conditions;  but  they  would  lend 
their  cows  to  the  setUer — he  returning  to  the  company  the  cows  loaned  with  all 
the  increase  ;  and  iti  case  of  the  death  of  a  cow.  he  then  had  the  privilcj,'e  of  fay- 
ing for  it.  Hut  after  the  settlers,  at  great  risk  ami  expense,  went  to  California  and 
purchased  for  themselves,  and  there  was  a  fair  prospect  of  the  settlement  l)eing 
eupplicd,  then  the  Hudson's  Ray  Company  were  willing  to  sell,  and  at  a  lower 
rate  than  the  settlers  could  sell. 

In  the  year  1.S42,  feeling  the  necessity  of  having  mills  erected  'hat  could  sup- 
ply the  settlement  with  flour  and  lumber,  a  number  of  the  inhabitants  formed 
themselves  into  a  joint  stock  company,  for  the  purpose  of  supplying  the  growing 
wants  of  the  communii.y.  Many  of  the  farmers  were  obliged  to  leave  their  farms 
on  the  Wallamet,  and  go  six  miles  above  Vancouver,  on  the  Columbia  river,  mak- 
ing the  whole  distance  about  sixty  miles,  to  get  their  wheat  ground,  at  a  great  loss 
of  tiui  and  expense.  The  company  was  formed  and  proceeded  to  select  a  site. 
They  selected  an  island  at  the  falls  of  the  Wallamet,  and  concluded  to  commence 
operations.  After  commencing  they  were  informed  by  Dr.  McLoughlin,  who  is 
at  the  head  of  the  Hudson's  Bay  Company's  aflfairs  west  of  the  Rocky 
mountains,  that  the  land  was  his,  and  that  he  (although  a  chief  factor  of  the  Hud- 
son's Hay  Company)  claimed  all  the  land  on  the  east  side  of  the  Wallamet,  em- 
bracing the  falls  down  to  the  Clackamas  river,  a  distance  of  about  two  miles.  He 
had  no  idea,  wc  presume,  that  the  company  would  succeed.  However,  he  erected 
a  shed  on  the  island,  after  the  stuff  was  on  the  island  to  build  a  house,  and  then 
gave  them  permission  to  build  under  certain  restrictions.  They  took  the  paper  he 
wrote  them  containing  his  conditions,  but  did  not  obligate  themselves  to  comply 
with  the  conditions,  as  they  did  not  think  his  claim  just  or  reasonable. 

Many  projects  had  been  started  by  the  inhabitants,  but,  for  want  of  means  and 
encouragement,  failed.  This  fate  was  predicted  for  the  milling  company.  But, 
after  much  labor  and  difficulty,  they  succeeded  in  getting  a  sawmill  erected  and 
ready  to  run,  and  entered  into  a  contract  to  have  a  grist-mill  erected  forthwith. 
And  now,  as  they  have  succeeded,  where  is  the  Hudson's  Bay  Compau}-?  Dr. 
Mclvoughlin  employs  hands  to  get  out  a  frame  for  a  saw-mill,  and  erect  it  at  Wal- 
lamet falls  ;  and  we  find,  as  soon  as  the  frame  is  up,  the  gearing,  which  has  been 
made  at  Vancouver,  is  brought  up  in  boats ;  and  that  which  cost  a  feeble  company 
of  Americans  months  of  toil  and  embarrassment,  is  acco:  ,  ished  by  the  chief  factor 
of  the  Hudson's  Bay  Company  in  a  few  weeks.  He  has  men  and  means,  and  it  is 
said  by  him  that  in  two  weeks  his  mill  will  be  sawing.  And  what  will  be  the  con- 
sequence? Why,  if  the  milling  company  sell  for  $15  per  thousand,  he  can  sell  for 
$12;  if  they  reduce  the  price  to  |io  he  can  come  to  |8  or  $5,  or  $2  per  thousand. 
He  says  he  will  have  a  grist-mill  started  as  soon  as  he  gets  the  saw-mill  in  oper- 
ation. 

All  the  wheat  in  Oregon  they  are  anxious  to  get,  as  they  ship  it  to  the  Rus- 
sians, on  the  northwest  coast.  In  the  first  place  they  measured  the  wheat  in  a 
half-bushel,  called  by  them  imperial  measure,  much  larger  than  the  standard 
measure  of  the  United  States  ;  this  not  answering,  they  next  proceed  to  kick  the 
half-bushel  7vith  the  foot  to  settle  the  wheat ;  then  they  brought  up  a  measure 


io6 


brown's  political  history. 


1843 


larjjer  than  the  former  one  ;  and  now  they  fill  this  measure,  then  strike  it  Mrr^ 
times  with  a  stout  club,  and  then  fill  up,  and  call  it  a  fair  measure.  Against  such 
proceedings  we  need  law  that  will  he  respected  and  obeyed. 

Al)out  twelve  or  fourteen  years  ago,  the  Hudson's  Bay  Company  blasted  a 
canal  a  few  feet  to  conduct  water  to  a  mill  they  were  going  to  build,  the  timber 
for  which  is  now  lying  at  the  falls  rotting.  They,  however,  abandoned  the  thing 
altogether,  and  built  their  mills  on  the  Columbia,  about  six  miles  above  Van- 
couver, on  the  north  side  or  the  river. 

In  the  year  1837,  agreeable  to  orders  left  by  Mr.  Slacuni,  a  house  was  erected 
at  the  falls,  to  secure  the  claim  for  him. 

In  1840,  the  Methodist  Mission  erected  buildings  at  the  falls,  and  stationed 
two  families  there,  and  jnade  a  claim  to  sufficient  land  for  their  buildings,  not 
interfering  with  any  others  who  might  wish  to  build.  A  short  time  previous  to 
this  Dr.  McLoughlin  had  a  stone  house  erected  for  the  com]  ny,  not  occupied, 
however,  further  than  to  store  wheat  and  other  articles  in,  ai  is  a  trading  house 
during  the  salmon  season. 

After  this,  in  1H41,  a  shanty  was  erected,  and  a  man  kept  at  the  falls,  whose 
business  it  was  to  trade  with  the  Indians  for  furs  and  salmon,  and  to  look  out  for 
the  doctor's  claim,  he  said,  and  to  forbid  persons  building  at  the  falls,  as  some 
had  built,  and  others  were  about  buildiT^g.  This  man  was,  and  still  is,  a  servant 
of  the  Hudson's  Hay  Company. 

During  the  years  1841  and  1842,  several  families  settled  at  the  falls,  when  Dr. 
McLoughlin,  who  still  resides  at  Fort  Vancouver,  comes  on  the  ground  and  says 
the  land  is  his,  and  any  person  building  without  his  permission  is  held  as  a  tres- 
passer. Without  reference  to  any  person's  rights  or  claim,  he  emjjloyed  a  sur- 
veyor to  run  out  the  plat ;  and  as  a  bill  was  before  the  Senate  of  the  United  vStates 
to  grant  to  every  white  male  inhabitant  a  mile  square,  he  has  a  mile  run  out  to 
suit  his  views,  and  lays  out  a  town  plat  a*^  the  falls,  and  calls  it  Oregon  City. 
Altnough  some,  for  peace  sake,  asked  him  for  the  lots  they  had  already  in  posses- 
sion, and  which  he  appeared  very  willing  to  grant,  the  doctor  now  felt  secure, 
and  posted  u]  the  annexed  paper  (marked  A),  which  is  the  original  ;  and  all  who 
had  lots  wer?  I'equired  to  pay  Mr.  Hastings  five  dollars  for  a  deed  of  laiid  which 
they  knew  y  well  the  grantor  did  not  own,  but  that  Congress  'vill  pass  a 
si)ecial  act  g.  iting  to  each  man  his  lot  and  improvements.  Those  chat  applied 
received  (if  °y  had  a  house  on  the  lot)  a  deed,  a  copy  of  which  is  annexed 
(marked  B);  they  had  no  house  a  bond  was  given  for  five  dollars,  a  copy  of 
which  is  ant  xed  (marked  C).  To  those  that  applied  and  paid  five  dollars  all 
was  right  wi'  ^  the  doctor  ;  while  those  who  considered  his  title  to  the  land  not 
good,  and  that  therefore  he  had  no . right  to  direct  who  should  build  and  who 
should  not,  had  their  lots  sold  to  others.  In  one  case  the  purchaser  came  to 
the  original  claimant  and  ordered  him  to  stop  digging  the.  ground  which  he  was 
preparing  for  a  garden,  and  commanded  him  to  remove  his  fences,  as  he  had  Dr. 
McLoughlin's  bond  in  his  pocket  for  the  lots ;  and  if  he  did  not  remove  the  fence 
he  would  take  forcible  possession.  Those  who  desired  to  have  no  difficulty,  and 
did  not  apply  for  a  deed,  have  lost  their  lots,  the  doctor's  promise  and  all.  And 
Mr.  Hastings  (the  doctor's  agent)  is  now  offering  for  sale  the  lots  on  which  part 
of  the  mission  buildings  stand  ;  and  if  he  succeeds  in  finding  a  purchaser,  they 
must  either  contend  or  lose  their  buildings. 

Dr.  McLoughlin  has  held  claims  in  other  places  south  of  the  Columbia  river ; 
at  the  Tualatin  Plains  and  Clackamas  Plains  he  had  huts  erected,  to  prevent 


1843 


PROVISIONAL   GOVKRNMENT. 


107 


others  from  biiildin);  ;  and  such  is  the  jiower  of  Dr.  McLouj^hliii,  that  many  per- 
sons an-  actually  afraid  to  n.ake  their  situation  known,  thinking;,  if  he  hears  of 
it,  he  will  stop  their  supplies.  Letters  were  received  here  from  Messrs.  I. add  & 
Co.,  of  the  Sandwich  Islands,  in  answer  to  a  letter  written  by  the  late  Mr.  I'lwin)^ 
Younj^,  for  a  few  siipplies,  that  orders  were  received  forbidding  the  company's 
vessels  carrying  any  goods  for  the  settlers  of  Oregon.  Kvery  means  will  be  made 
use  of  by  them  to  break  down  everything  that  will  draw  trade  to  this  country,  or 
enable  persons  to  get  goods  at  any  other  place  than  their  store. 

One  other  item,  and  we  are  done.  When  the  United  States  Ciovcrnment  ofh- 
ccrs  of  distinction  arrives,  Vancouver  is  thrown  open,  and  every  facility  afforded 
them.  They  were  even  more  condescending  to  the  settlers  during  the  time  the  ex- 
ploring s(iuadrou  was  in  the  Columbia  ;  nothing  w  as  left  undone  to  give  the  olhcers  a 
high  opinion  of  the  Honorable  Hudson's  Bay  C()mpany.  Our  Indian  .\gent  is  en- 
tirely dependent  on  ihem  for  supplies  and  funds  to  carry  on  his  operations. 

And  now  your  memorialists  pray  your  honorable  body  that  immediate  action 
of  Congress  be  taken  in  regard  to  this  country,  and  good  and  wholesome  laws  l)e 
enacted  for  our  Territory,  as  may  in  your  wisdom,  be  thought  best  for  the  good  of 
the  American  citizens  residing  here.     And  your  memorialists  will  ever  pray. 

Robert  .Shortess,  A.  E.  Wilson,  W.  C.  Reuiick,  Jeffrey  Brown,  E.  N.  Coombs, 
Reuben  Lewis,  Geo.  Davis,  V.  Bennett,  J.  Rekener,  T.J.  Hubbard,  Jas.  A.  O'Ncil, 
J.  Horregou,  Wtn.  McCarty,  Chas.  Compo,  John  Howard,  R.  Williai"s,  G.  Brown, 
John  Turner,  Thco.  Pancott,  A.  V.  Waller,  J.  R.  Robb,  J.  L.  Morrison,  M.  Craw- 
ford, John  Anderson,  Jas.  M.  Bates,  L.  H.  Judson,  Joel  Turnham,  Richard  H.  Kkin, 
II.  Campbell,  Jas.  Force,  W.  H.  Willson,  Felix  Hathaway,  J.  Lawson,  Thos.  J. 
Shadden,  Joseph  Gibbs,  S.  Lewis,  Jr.,  Chas.  Roy,  Wm.  Brown,  A.  Beers,  J.  L.  Par- 
rish,  Wm.  H.  Gray,  A.  D.  Smith,  J.  C.  Bridges,  Aaron  Cook,  A.  Copeland,  S.  W. 
Moss,  Gustavus  Hines,  Gee.  W.  Le  Breton,  Daniel  Girtmau,  C.  T.  .\rrendrill,.  A. 
Towner,  David  Carter,  J.  J.  Campbell,  W.  Johnson,  John  Edmunds,  W.  Hauxhurst, 
W.  A.  PfiefFer,  J.  Ilolman,  H.  B.  Brewer,  Wm.  C.  Sutton,  S.  Davis,  Joseph  Yalter, 
J.  Ilopstater,  J.  W.  Bellomy,  W.  Brown. 


A. 

Notice  is  hereby  given  to  all  whom  it  may  concern,  that  those  who  have  ob- 
tained grants  of  lots  in  Oregon  City,  will  be  expected  to  call  upon  L.  W.  Hastings, 
my  authorized  agent  at  Oregon  City,  and  obtain  a  bond  for  a  deed  or  de^ds,  as  the 
case  may  be.  Those  who  hold  claims  to  any  lot,  and  who  comply  with  the  above 
requisite,  on  or  before  the  first  day  of  February  next,  will  be  entitled  to  their  lot 
or  lots  ;  otherwise,  the  lots  upon  which  they  hold  a  claim  will  thereafter  be  subject 
to  any  disposition  wliich  the  undersigned  may  think  proper  to  make  of  them. 

January  18,  1.S43.  JOi.N  McLC JGHLIN. 

Oregon  Cr.v,  March  27,  icr.T,. 
We,  the  undersigned,  do  hereby  certify  that  the  above   notice  of  John  Mc- 
Loughliu  was  posted  up  in  the  most  public  places  in  this  town. 

R.  SHORTESS, 
A.  E.  WILSON. 


I  ! 


M 


*  Ji 

io8 


brown's  political  history. 


1843 


B. 

Decd^ohn  .^fcLoug/ilin  to   Walter  Pomeroy. 

Know  all  men  by  these  presents,  that  I,  John  Mcl.ou  . 'lin,  of  Fort  Vancouver, 
in  the  Territory  of  Oregon,  for  and  in  consideration  of  the  sum  of  one  dollar,  to  nie 
in  hand  paid  by  Walter  Ponieroy,  of  Oregon  City,  of  the  Territory  aforesaid,  the 
receipt  whereof  is  hereby  acknowledged,  have  this  day,  and  do,  by  these  presents, 
remit,  release,  and  forever  quit-claim  unto  the  said  Pomeroy,  his  heirs  and  assigns, 
all  and  singular,  the  following  piece,  parcel,  and  lot  of  land,  bounded,  and  de- 
scritied  as  follows,  to-wit  :  Commencing  at  the  noriueast  corner,  running  thence 
southerly  sixiy-six  feet  to  a  stake,  thence  easterly  one  hundred  feet  to  a  stake  at 
tli,  place  of  beginning,  being  lot  number  foiir,  in  block  number  three,  in  the  town 
of  Oreg  m  City,  in  the  Territory  of  Oregon,  which  will  more  fully  appear  from  a 
reference  to  the  map  and  plat  of  said  town. 

To  have  and  to  hold  the  same,  together  with  all  and  singular  the  privileges 
and  appurtenances  thereunto  in  any  wise  appertaining  or  belonging  unto  the  said 
Pomeroy,  his  heirs,  executors,  adiiiinistrators  or  assigns,  forever.  And  I,  the 
said  McI<ouglilin,  for  myself,  do  vouch  and  declare  that  I  am  the  true  and  proper 
claimant  of  and  to  the  said  premises  and  lot  of  land,  and  that  I  have  in  myself 
full  power,  good  right,  and  sufficient  authority  to  remit,  release,  and  quit  my 
claim  in  and  to  said  lot  and  premises,  in  manner  and  form  aforesaid. 

And  I,  the  said  McLoughlin,  do  hereby  covenant  and  agree  to  warrant  and 
defend  the  said  premises,  together  with  the  privileges  and  appurtenances  there- 
unto appertaining  or  belonging,  to  the  said  Ponieroy,  his  heirs  and  assigns, 
against  all  lawful  claims  of  all  persons  whomsoever,  the  claims  of  the  Govern- 
ment only  excepted. 

In  testimony  whereof,  I,  the  said  McLoughlin,  have  hereunto  set  my  hand 
and  aihxed  my  seal,  this  the  2d  of  March,  A.  D.  1843. 

[L.  S.]  JOHN  McLOUGHLIN. 

Per  L.  W.  Hastings,  his  agent. 

We,  the  undersigned,  do  hereby  acknowledge  that  the  above  is  a  true  and 
correct  copy  of  the  original. 

R.  SHORTESS. 
A.  E.  WILSON 


"C,"  is  merely  a  bond  for  a  deed  drawn  up  in  the  usual  law  terms 
and  is  quite  long,  and  as  the  two  above  will  plainly  indicate  that  Dr. 
McLoughlin  considered  that  he  had  as  clear  a  right  to  the  land  as  could 
be  obtained  at  that  time,  and  it  was  the  sole  cause  undoubtedly  of  the 
preceding  memorial  being  drawn  up,  quite  extensively  signed  and 
sent  to  Washington.  From  the  best  information  that  I  can  obtain,  it 
seems  that  in  1839,  Dr.  McLoughlin  bought  out  an  American  citizen 
by  the  name  of  W.  C.  Rcmick,  who  located  it  as  a  land  claim  and  had 
a  cooper  shop  near  where  the  Imperial  mill  now  stands.  Iti  1840,  Dr. 
McLoughlin  got  out  some  timbers  to  build  a  mill,  and  loaned  the  tim- 
ber to  Rev.  A.  F.  Waller  of  the  M.  E.  Mission  to  build  a  house  for  (as 
he    understood   it),     church    purposes.      In    1843,    Dr.   McLoughlin 


' 


■w 


1843 


PROVISIONAL   GOVERNMENT. 


109 


I 


employed  Wni.  H.  Gray  to  buiM  him  a  house,  and  as  soon  as  it  was 
finished  (  1844  ),  he  moved  his  family  into  it  and  remained  thcrf^  per- 
manently.    Mr.  Gray  says  : 

"  It  was  unfortunate  that,  at  the  time  Dr.  McLoughliu  was  making  his  claim 
to  ihe  land  and  his  improvements  at  Oregon  City,  it  was  not  known  that  he  had, 
or  would,  sever  his  connection  with  the  Hudson's  Bay  Company,  and  become  an 
American  citizen,  as  he  afterwards  did.  It  was  his  connection  with;  and  apparent 
control  over,  the  affairs  of  the  company,  that  created  the  strong  American  preju- 
dice against  him,  and  deceived  many  as  to  his  intentions,  besides  giving  occasion 
for  a  strong  feeling  in  favor  of  Rev.  Mr.  Waller,  who  employed  a  Mr.  John  Ricord 
to  prepare  a  declaration  setting  forth  his  claim  to  that  location. " — Gray's  His. p.  joo. 

Mr.  Ricord  is.sued  a  lengthy  declaration  from  which  I  make  the 
following  liberal  quotations  : 

To  the  People  of  Oregon, — Fellow-citizens :  Having  been  retained  profes- 
sionally to  establish  the  claim  of  Mr.  Alvin  F.  Waller  to  the  tract  of  land  on  the 
east  side  of  the  Wallamet  river,  sometimes  called  the  Wallamet  Falls  settlement, 
and  sometimes  Oregon  City,  I  consider  it  a  duty  to  my  client  and  to  the  public  to 
state,  briefly  and  concisely,  the  several  circumstances  of  his  case,  as  they  really 
exist,  in  order  that  his  motive  may  not  be  impugned,  nor  his  intentions  misunder- 
stood and  misrepresented." 

"  The  public  are  already  aware  that  my  client  commenced  the  occupancy  of  his 
farm  in  the  spring  of  1840,  when  no  one  resided  at  the  falls,  and  that,  in  the  course 
of  that  summer,  he  built  his  house,  moved  his  family  into  it,  and  cleared  and 
fenced  a  good  portion  of  the  land  ;  from  which,  in  the  ensuing  years,  1841  and  1842, 
he  raised  successive  crops  of  corn,  potatoes  and  other  vegetables  usually  cultivated 
by  farmers.  That  he  remained  thus  occupying  undisturbed,  until  the  month  of 
December,  1842,  about  two  years  and  six  months,  when  Dr.  John  McLoughlin 
caused  his  farm  to  be  surveyed,  for  the  purpose  of  selling  it  in  subdivisions  to 
American  citizens.  It  has  since  been  currently  reported  and  quite  generally  be- 
lieved that  my  client  had  renounced  his  right  in  favor  of  Dr.  McLoughlin.  This 
I  am  authorized  to  contradict,  having  perused  the  letter  written  by  Mr.  Waller, 
whic!i  hot  only  contains  no  renunciation,  but,  on  the  contrary,  is  replete  with 
modest  and  firm  assertions  of  his  rights  in  the  premises  ;  offering  at  the  same  time 
to  relinquish  his  claim  if  ti.c  doctor  would  comply  with  certain  very  reasonable  and 
just  conditions.  Upon  this  offer  the  parties  had  come  to  no  final  conclusion  until 
my  arrival  in  the  colony.  Mr.  Waller  engaged  me  to  submit  the  conditions  a 
second  time  to  the  doctor  for  his  acceptance  or  rejection,  which  I  did  in  the  fol- 
lowing words  : 

"  I.  That  your  pre-emptive  line  be  so  run  as  to  exclude  the  island  upon  which 
a  private  company  of  citizens  have  already  erected  a  giist  mill,  conceding  to  them 
as  much  water  as  may  be  necessary  for  the  use  of  said  mill." 

"  2.  That  Mr.  Waller  be  secured  in  the  ultimate  title  to  the  two  city  lots  now 
in  possession  and  other  U)ts  not  exceeding  in  superficial  area  five  acres,  to  be  chosen 
by  him  from  amoug  the  unsold  lots  of  your  present  survey." 

"3.  That  the  Rev.  Mr.  I^ee,  on  behalf  of  the  Methodist  Episcopal  Mission,  be 
in  like  manner,  secured  in  the  lots  claimed  for  the  use  of  said  mission.  They  con- 
sist of  church  and  parsonage  lots." 

"  I  received  a  letter  from  Dr.  McLoughlin,  dated  Nov.  10,  1843,  in  answer  to 


I  SI 


! 


m 


i  ■ 


4;    .  I 
:  1    1  i 


1 10 


brown's  political  history. 


1843 


Mil 


mine,  in  which  he  declines  complying  with  the  above  conditions,  and  thus  puts  an 
end  to  the  offer  of  my  client  to  relinquish  his  rights  of  pre-emption.        *        *      * 

"The  legality  of  .Mr.  A.  !•'.  Waller's  claim  rests  upon  the  following  grounds  : 

"  I.  He  is  a  citizen  of  the  United  States,  of  full  age,  and  possessed  of  a  familj- 
when  he  came  to  reside  on  the  premises  ;  2,  He  built  a  house  upon  them  and  moved 
his  family  into  it,  thus  becoming  in  fact  and  in  law  a  householder  ;  3,  He  cleared, 
fenced,  and  cultivated  a  portion  of  it  during  two  years  and  six  months  before  he 
was  disturbed  in  his  actual  settlement ;  and  4,  that  he  is  not  at  this  moment  con- 
tinuing to  cultivate  his  farm  is  not  his  fault,  since  it  was  wrested  from  him." 

"  The  illegality  of  Dr.  McLoughlin's  claim  rests  upon  the  following  grounds  :" 

"  I.  He  was  a  British  subject  owing  allegiance  to  a  foreign  Power,  and  has  so 
continued  to  be  ever  since  the  spring  of  1S40.  For  this  reason  alone  he  could  not 
acquire  pre-emption  to  lands  in  the  United  States  ;  2,  He  is  a  chief  officer  of  a  for- 
eign corporative  monopoly.  I'^or  this  reason  alone  he  could  not  acquire  pre-emp- 
tion to  lands  in  the  United  States  ;  3,  He  does  not  now,  and  never  did,  reside  on 
the  land  in  question  ;  but,  on  the  contrary,  he  resides,  and  has  always  continued 
to  reside,  on  the  north  bank  of  the  Columbia  river,  the  section  of  country  actually  in 
dispute  between  the  two  Governments,  about  twenty  miles  from  the  land  claimed  by 
Mr.  Waller,  and  there  he  is  obliged  to  remain  so  long  as  he  continues  to  be  Chief 
Factor  ;  4,  He  is  not  in  fact  the  claimant.  The  Hudson's  Bay  Company,  a  foreign  cor- 
poration, is  in  fact  the  claimant,  while  Dr.  Mcl.cughlin  only  lends  his  name ;  well 
knowing  that  a  corporation, even  though  it  be  an  .American  one, can  not  acquire  a  pre- 
emption. This  is  evinced  by  the  employment  of  men  to  be  his  agents,  and  to  sell  lots 
for  him,  who  are  at  the  same  time  partners  in,  and  receiving  dividends  and  sala- 
ries from  the  company  ;  5  The  pretensions  of  Dr,  McLoughlin's  arose,  if  at  all,  two 
years  and  six  months  after  actual  settlement  of  Mr.  Waller  ;  therefore  they  are  iu 
direct  violation  of  the  treaty  of  1827,  converting  the  mutual  and  joint  occupation 
into  an  exclusive  occupancy  by  British  subjects  ;  6,  The  treaty  of  joint  occupation 
(  1827)  does  not,  and  was  never  intended,  on  the  part  of  the  United  States,  to  con- 
fer any  rights  of  citizenship  upon  foreigners.  The  power  to  confer  such  rights  is, 
by  the  Constitution,  reserved  to  Congress.  And  the  right  to  acquire  title  by  pre- 
emption is  peculiar  to  citizens." 

"  These,  fellow-citizens,  are  the  facts  and  some  of  the  points  of  law  in  my 
client's  case.  Upon  the  same  principle  contended  for  by  Dr.  McLoughlin,  any  of 
you  may  incur  the  risk  of  being  ousted  from  your  farms  in  this  colony,  by  the  next 
rich  foreigner  who  chooses  to  take  a  fancy  so  to  do,  unless  in  the  first  instance 
you  come  unanimously  forward  and  resist  these  usurpations."  *  *  *  <<  j 
am  of  the  opinion  that  Mr.  Waller  has  rights  in  the  premises  which  neither  Dr. 
McLoughlin,  nor  even  Congress,  by  any  retrospective  legislation,  can  take  away 
from  him."  JOHN  RICORD, 

Counselor  in  the  Supreme  Court  of  the  United  States,  and  attorney  for  Alvin 
F.    Waller. 

Dated  Dec.  20,  1S43." 

The  animosity  thus  created  against  Dr,  McLoughlin  by  the  action 
of  Ricord  and  others,  was  kept  up  until  the  question  was  brought  into 
Congress  by  Delegate  Thurston,  and  consummated  by  the  celebrated 
amendment  to  the  eleventh  section  to  the  land  law,  which  robbed  the 
good  doctor  of  his  land,  and  caused  him  infinite  trouble  until  this  great 


T 


'     !l'l 


1843 


PROVISIONAL   GOVERNMENT. 


I  I  I 


wrong  was  finally  rectified  by  the  Oregon  Legislature  only  a  short  time 
before  his  death,  through  the  exertion  of  Hon.  L.  F.  Grover. 

Rev.  Mr.  Waller,  with  whom  I  was  personally  acquainted  for  years, 
was  a  good,  kind  hearted  man.  He  intended  to  do  right,  but  was  a 
zealot,  strongly  prejudiced  against  the  Catholic  church.  He  was 
somewhat  narrow  in  his  religious  views,  but  his  surroundings  were 
largel}'  responsible  for  that  failing.  His  principal  life  work  was  the 
building  up  of  educational  institutions  in  Oregon,  and  its  result  can 
now  be  seen  in  the  success  of  the  Willamette  University,  to  which  he 
contributed  more  than  any  other  man.  He  was  not  fully  appreciated 
until  after  his  death. 


Dr.  White  sent  the  following  report  of  his  operations  in  Oregon  to 
the  Commissioner  of  Indian  Affairs  : 

Dr.  Elijah   White's  report. 

Oregon,  April  i,  1S43. 

Sir: — On  my  arrival,  had  the  honor  and  happiness  of  addressing  you  a  brief 
communicatiou,  giving  information  of  my  safe  arrival,  and  that  of  our  numerous 
party  to  these  distmt  shores. 

At  that  time  it  was  confidently  expected  tha*  more  direct,  certain,  and  expe- 
ditious method  would  be  presented  to  address  yo^  in  a  few  weeks  ;  but  that  failing, 
none  has  offered  till  now. 

I  think  I  mentioned  the  kind  and  hospitable  manner  we  were  received  and  en- 
tertained on  the  way  by  the  gentlemen  of  the  Hudson's  Bay  Company,  and  the 
cordial  and  most  handsome  reception  I  met  with  at  Fort  Vancouver  from  (Governor 
Mclvoughlin  and  his  worthy  associate.  Chief  Factor  James  Douglas,  Esq.;  my  ap- 
pointment giving  pleasure  rather  than  pain — a  satisfactory  assurance  that  these 
worthy  gentlemen  intend  eventually  to  settle  this  country,  and  prefer  American 
to  English  jurisdiction. 

On  my  arrival  in  the  colony  sixty  miles  south  of  Vancouver,  being  in  advance 
of  the  party,  and  coming  unexpectedly  to  the  citizens,  bearing  the  intelligence  of 
the  arrival  of  so  large  a  re-enforcement  and  giving  assurance  of  the  good  intentions 
of  our  Government,  the  excitement  was  general,  and  two  days  after  we  had  the 
largest  and  happiest  public  meeting  ever  convened  in  this  infant  colony. 

I  found  the  colony  in  peace  and  health,  and  rapidly  increasing  in  numbers, 
having  more  than  doubled  in  population  during  the  last  two  years.  English, 
French,  and  half-breeds,  seem  equally  with  our  people,  attached  to  the  American 
cause  ;  hence  the  bill  of  Mr.  Linn,  proffering  a  section  of  land  to  every  white  man 
of  the  territory,  has  the  double  advantage  of  being  popular  and  useful,  increasing 
sucb  attachment,  and  manifestly  acting  as  a  strong  incentive  to  all,  of  whatever 
nation  or  party  to  settle  this  country. 

My  arrival  was  in  good  time,  and  probably  saved  much  evil.  I  had  but  a  short 
season  of  rest  after  so  long,  tedious,  ^ud  toilsome  a  journey,  before  information 
reached  me  of  the  very  improper  conduct  of  the  upper  country  Indians  toward  the 
missionaries  sent  by  the  American  Board  of  Commissioners,  accompanied  with  a 
passport,  and  a  desire  for  my  interposition  in  their  behalf  at  once. 


n 


I  12 


BKOWN  S    POLITICAL   HISTORY, 


I«43 


I  allude  to  the  only  three  tribes  from  which  much  is  to  be  hoped,  or  anything 
to  be  feared  in  this  part  of  Oregon.  These  are  the  Walla  Walla's,  Cayuses,  and 
Ncz  Perces,  inhabiting  a  district  of  country  on  the  Columbia  and  its  tril)iitaries, 
commencing  240  miles  from  its  mouth,  and  stretching  480  miles  into  tlie  interior. 
The  Walla  Walla's  most  contiguous  to  the  colony,  number  some  3,000,  including 
the  entire  population.  They  are  in  general  poor,  indolent  and  sordid,  but  avari- 
cious ;  and  what  few  have  propert}',  in  horses  and  herds,  are  proud,  haughty,  and 
insolent.  The  Cayuses  next  easterly,  are  less  numerous,  but  more  formidable, 
being  brave,  active,  tempestuous  and  warlike.  Their  country  is  well  watered,  gently 
undulating,  extremely  healthy,  and  admirably  adapted  to  grazing  as  Dr.  Marcus 
Whitman,  who  resides  in  their  midst,  may  have  informed  you.  They  are  compar- 
atively rich  in  herds,  independent  in  manner,  and  not  unfrequently  boisterous, 
saucy,  and  troublesome  in  language  and  behavior.  The  Nez  Perces,  still  further 
in  the  interior,  number  something  less  than  3,000  ;  they  inhabit  a  beautiful  grazing 
district  not  surpassed  by  any  I  have  seen  for  verdure,  water  privileges,  climate  or 
health.  The  tribe  forms  to  some  extent,  an  honorable  exception  to  the  general  In- 
dian character,  being  more  noble,  industrious,  sensible  and  better  disposed  toward 
the  whites  and  their  improvements  in  the  arts  and  sciences  ;  and  though  as  brave 
as  Ciesar,  the  whites  have  nothing  to  dread  at  their  hands,  in  case  of  their  dealing 
out  to  them  what  they  conceive  to  be  right  and  equitable.  Of  late  these  three  tribes 
have  become  strongly  united  by  reason  of  much  intermarriage.  For  the  last 
twenty  years  they  have  been  generally  well  disposed  toward  the  whites,  but  at  the 
time  Captain  Bonneville  visited  this  district  of  country,  he  dealt  more  profusely  in 
presents  and  paid  a  higher  price  for  furs  than  Mr.  Pambrun,  one  of  the  traders  of 
the  Hudson's  Bay  Company,  established  at  Walla  Walla,  who  had  dealt  long  with 
them  and  was  previously  a  general  favorite. 

On  Captain  Bonneville's  leaving,  the  chiefs  assembled  at  the  fort  and  insisted 
on  a  change  of  tariff  in  their  favor.  Pambrun  refusing,  they  seized  him  stamped 
violently  upon  his  breast,  beat  him  severely  and  retained  him  as  prisoner  in  rather 
unenviable  circumstances  till  they  gained  to  a  considerable  extent  their  object. 
Since  that  time  they  have  been  more  consequential  in  feeling,  and  show  less  defer- 
ence and  respect  to  the  whites.  On  the  arrival  of  missionaries  among  them,  they 
have  never  failed  to  make  at  first,  a  most  favorable  impression,  which  has  in  most 
instances,  unfortunately,  led  to  too  near  an  approach  to  familiarity,  operating  alike 
prejudicial  to  both  parties.  The  Rev.  Messrs.  Lee  and  Parker,  who  made  each  but 
a  short  stay  among  them,  left  with  like  favorable  impression. 

Their  successors,  Spalding,  Whitman,  Gray  and  ladies,  with  others  who  re- 
mained among  them,  were  at  last  driven  to  the  conclusion  that  Indians  as  much 
resembled  each  other  in  character  as  complexion.  These  worthy  people,  not  well 
versed  in  Indian  character,  anxious  to  accomplish  a  great  deal  in  a  short  time,  re- 
sorted to  various  expedients  to  induce  them  to  leave  off  their  wandering  migratory 
habits,  and  settle  down  contiguous  to  them  in  herding  and  agricultural  pursuits, 
so  as  to  be  able  to  send  their  numerous  and  healthy  children  to  school.  In  these 
efforts  they  were  zealous  and  persevering,  holding  out  various  inducements  as  so 
many  stimulants  to  action,  most  of  which  would  have  operated  in  civilized  life, 
but  generally  failed  with  these  Indians  ;  and  whatever  was  promised  conditionally, 
whether  the  condition  was  met  or  otherwise,  there  was  no  reprieve  —  the  promised 
article  must  come ;  and  sometimes,  under  circumstances  sufficiently  trying,  had 
these  missionaries  been  less  devoted,  they  would  have  driven  them  from  their  post 
forever. 


i«43 


PROVISIONAL   GOVERNMKNT. 


113 


The  Indians  having  gained  one  and  another  victory,  became  more  and  more 
insolent,  till  at  last,  sometime  previous  to  my  arrival,  they  were  not  only  obtrusive 
and  exceedingly  annoying  about  and  in  the  missionaries'  houses,  but  seized  one  of 
the  clergymen  in  his  own  house,  without  a  shadow  of  provocation,  further  than 
that  of  treating  a  better  neighboring  chief  with  more  respect  than  they,  and  insult- 
ing him  most  shamefully,  there  being  no  other  white  person  within  fifty  miles, 
save  his  sick  and  delicate  lady.  Soon  after,  they  commenced  on  Dr.  Whitman, 
pulling  his  ears  and  hair,  and  threw  off  his  hat  three  times  in  the  nmd  at  his  feet. 
A  short  time  after,  the  chiefs  assembled,  broke  into  the  house,  violentlj-  assailed 
his  person  with  war  clubs,  and,  with  an  ax  broke  down  the  door  leading  to  his 
own  private  apartments.  It  is  generally  thought  and  possibly  with  truth,  that  on 
this  occasion,  Dr.  Whitman  would  have  been  killed,  had  not  a  party  of  white  men 
arrived  in  sight  just  at  this  moment.  Never  was  such  an  outrage  and  insult  more 
undeserved.  He  had  built  for  the  express  purposes  of  Indian  accommodation,  a 
house  of  the  same  materials  and  finished  in  like  manner  with  his  own,  of  respect- 
able size  and  joined  to  his,  and  at  al)  times,  night  and  day  accessible.  In  addition 
to  this,  they  were  admitted  to  every  room  in  his  house  but  one  ;  this  being  closed, 
had  nearly  cost  him  his  life. 

He  had  hardly  left  for  the  .States  last  fall,  when,  shocking  to  relate,  at  the 
hour  of  midnight,  a  large  Indian  chief  manai^ed  to  get  into  the  house,  came  to  the 
door  of  Mrs.  Whitman's  bed  chamV)er  and  had  succeeded  in  getting  it  partially 
opened  before  she  reached  it,  A  white  man  sleeping  in  an  adjoining  apartment, 
saved  her  from  violence  and  ruin.  The  villain  escaped.  There  was  but  one  thing 
wrong  in  this  matter  on  the  part  of  Dr.  Whitman,  and  that  was  a  great  error,  — 
leaving  his  excellent  lady  unprotected  in  the  midst  of  savages,  A  few  days  after 
this  they  burned  :lown  the  mission  mill  on  his  premises  with  all  its  aj^pcndages 
and  considerable  grain,  damaging  them  not  less  than  twelve  or  fifteen  hundred 
dollars.  About  the  same  time,  Mrs.  Spalding  was  grossly  insulted  in  her  own 
house,  and  ordered  out  of  it  in  the  absence  of  her  husband.  Information  reached 
him  of  an  Indian  having  stolen  his  horse  near  the  same  time,  he  hastened  to  the 
spot  to  secure  the  animal  ;  the  rogue  had  crossed  the  river,  but  immediately  re- 
turning, he  presented  his  loaded  gun,  cocked,  at  the  breast  of  Mr.  Spalding  and 
abused  and  menaced  as  far  as  possible  without  shooting  him. 

In  addition  to  this,  some  of  our  party  were  robbed  openly  of  considerable  prop- 
erty, and  some  twelve  horses  stolen  by  night.  All  this  information  coming  near 
the  same  time,  was  embarrassing,  especially  as  my  instructions  would  not  allow 
me  to  exceed  for  office,  interpreter  and  every  purpose,  |i,25o  per  annum.  On  the 
other  hand,  their  passport,  signevl  by  the  Secretary  of  War,  made  it  my  imperative 
duty  to  protect  them,  in  their  persons  at  least,  from  outrage.  I  did  not  long  hesi- 
tate, but  called  upon  Thomas  McKay,  long  in  the  employment  of  the  Hudson's 
Bay  Company  as  explorer  and  leader  of  parties,  who,  from  his  frank,  generous  dis- 
position, together  with  his  universal  success  in  Indian  warefare,  had  obtained  an 
extensive  influence  among  the  aborig  lies  of  the  country,  and  placing  the  facts  be- 
fore him,  he  at  once  consented  to  accompany  me  to  the  scene  of  discord  and  con- 
tention. We  took  but  six  men  with  us,  armed  in  the  best  manner,  a  suflicient 
number  to  command  respect  and  secure  the  object  of  our  undertaking,  —  McKay 
assuring  me,  from  his  familiar  acquaintance  with  these  Indians,  and  their  thorough 
knowledge  of  the  use  of  arms,  that  if  hostile  intentions  were  entertained,  it  would 
require  a  larger  party  than  we  could  raise  in  this  country  to  subdue  them. 

Obtaining  Cornelius  Rogers  as  interpreter,  we  set  out  on  the  15th  of  November 
<jn  our  voyage  of  misery  (  as  McKay  justly  denominated  it),  having  a  journey,  by 


\! 


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nil 


water  and  land,  of  not  less  than  950  miles,  principally  over  open  plains,  covered 
with  snow,  and  several  times  under  the  necessity  of  spending  the  night  without 
wood  or  fire,  other  than  what  was  made  by  a  small  growth  of  wild  sage,  hardly  suf- 
ficient to  boil  the  tea  kettle.  The  gentlemen,  as  we  called  at  Vancouver,  did 
everything  in  their  power  to  nipke  the  journey  comfortable,  but  evidently  felt  anx- 
ious concerning  our  safety.  We  reached  The  Dalles,  souk.  220  miles  from  the  Pa- 
cific, on  the  24th,  having  been  detained  by  wind,  spent  several  days  with  the 
Methodist  Mission  families,  who  welcomed  us  joyfully,  and  made  our  stay  agree- 
able and  refreshing.  *  *  *  We  procured  horses  and  traveled  by  land  to 
Walla  Walla,  140  miles  above,  reaching  the  Hudson's  Bay  Company  establishment 
on  the  30th.  Mr.  McKinley,  the  gentleman  in  charge,  to  whom  the  missionaries 
are  indebted  to  many  kind  offices  in  this  isolated  portion  of  the  earth,  resolved  to 
make  it  a  common  cause,  and  stand  or  fall  with  us.  We  reached  Wailatpu,  the 
station  of  Dr.  Whitman,  the  day  following,  were  shoe-'  -^d  and  pained  at  beholding 
the  sad  work  of  savage  destruction  upon  this  hitherto  neat  and  commodious  little 
establishment. '  The  Indians  in  the  vicinity  were  few  and  shy.  I  thought  it  best 
to  treat  them  with  reserve,  but  made  an  appointment  to  meet  the  chiefs  and  tribe 
on  my  return.  Left  the  day  following  for  the  station  of  Mr.  Spalding  among  the 
Nez  Perces,  some  iSo  miles  away  ;  reached  it  on  the  3d  of  December,  after  a  rather 
pleasant  journey  over  a  most  verdant  and  delightful  grazing  district,  well  watered, 
but  badly  timbered.  Having  sent  a  private  dispatch  in  advance,  they  had  con- 
veyed the  intelligence  to  the  Indians,  many  of  whom  were  collected.  The  chiefs 
met  us  with  civility,  gravity,  and  dignified  rc^'rve,  but  the  missionaries  with  joy- 
ful countenances  and  glad  hearts. 

.Seldom  was  a  visit  of  an  Indian  agent  more  desired,  nor  could  one  be  more 
necessary  and  proper.  As  they  were  collecting,  through  my  able  interpreter  and 
INIcKav,  I  managed  to  secure  confidence  and  prepare  the  way  to  a  good  understand- 
ing ;  visited  and  prescribed  for  their  sick,  made  a  short  call  at  each  of  the  chief's 
lodges,  si)cnt  a  season  in  school,  hearing  them  read,  spell  and  sing;  at  the  same 
time  examined  their  printing  and  writing,  and  can  hardly  avoid  here  saying  I  was 
happily  surprised  and  greatly  interested  at  seeing  such  numbers  so  far  advanced 
and  so  eagerly  pursuing  after  knowledge.  The  next  day  I  visited  their  little  planta- 
tions rude,  to  be  sure,  but  successfully  carried  on,  so  far  as  raising  the  necessaries, 
of  life  were  concerned  ;  and  it  was  most  gratifying  to  witness  their  fondness. and 
care  for  their  little  herds,  pigs,  poultry,  etc. 

The  hour  arriving  for  the  public  interview,  I  was  ushered  into  the  presence 
of  the  assembled  chiefs,  to  the  number  of  twenty-two,  with  some  lesser  dignitaries, 
and  a  large  number  of  the  common  people.  The  gravity,  fixed  attention,  and 
decorum  of  these  sons  of  the  forest  was  calculated  to  make  for  them  a  most  favor- 
able impression.  I  stated  explicity,  but  briefiy  as  possible,  the  design  of  our 
great  chief  in  sending  me  to  this  country,  and  the  present  object  of  my  visit ; 
assured  them  of  the  kind  intentions  of  our  Government,  and  of  the  sad  conse- 
quences that  would  ensue  to  any  white  man,  from  this  time  who  should  invade 
their  rights,  by  stealing,  murder,  selling  them  damaged  for  good  articles,  or 
alcohol,  of  which  they  are  not  fond.  Without  threatening,  I  gave  them  to  under- 
stand how  highly  Mr,  and  Mrs.  Spalding  were  prized  by  the  numerous  whites,  and 
with  what  pleasure  the  great  chief  gave  them  a  paper  to  encourage  them  to  come 

I  Dr.  Whitman  at  this  time  was  on  his  way  to  the  States  across  the  mountains,  and  Mrs. 
Whitman  staying  at  The  Dalles. 


www 


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PROVISIONAL   GOVERNMENT. 


115 


here  to  teach  them  what  they  were  now  so  diligently  employed  in   obtaining,  in 
order  that  they  and  their  children  might  become  wise,  good  and  happy. 

After  me,  Mr.  McKinley,  the  gentleman  in  charge  of  the  Hud.son's  Bay 
establishment  at  Walla  Walla,  spoke  concisely,  but  very  properly  ;  ailuded  to  his 
residence  of  some  year-^  .iml  the  good  understanding  that  had  generally  existed 
between  them,  and  of  the  happiness  he  felt  that  one  of  his  brothers  had  come  to 
stand  and  judge  impartially  between  him,  them,  and  whiles  and  Indians  in  gen- 
eral ;  declared  openly  and  frankly  that  Bostons,  King  George  and  French  were  all 
of  one  heart  in  this  matter,  as  they,  the  Cayuses  and  Walla  Wallas  should  be, 
flattered  them  delicately  in  view  of  their  (to  him)  unexpected  ad\anccment  in  the 
arts  and  sciences,  and  resumed  his  seat,  having  made  a  most  favorable  impression. 

Messrs.  Rogers  and  McKay  then  spoke  in  about  the  same  strain  as  Dr. 
White  and  Mr.  McKinley,  which  was  replied  to  by  Five  Crows,  who  was  quite 
wealthy,  who  stated  that  they  wished  to  live  in  peace  and  amity.  Bloody  Chief 
then  arose  (not  being  less  than  90  years  old)  and  stated  that  he  was  a  chief  when 
Lewis  and  Clarke  went  through  the  country  on  their  exploring  trip,  and  that  he 
had  always  had  a  good  heart.  After  three  hours  thus  sjjeiit  the  doctor  submitted 
a  code  of  laws  that  were  adopted  and  then  the  council  broke  up  with  good  feeling 
all  around. 

After  a  severe  journey  of  some  four  days,  through  the  inclemency  of  the 
weather,  we  reached  Wailatpu,  Dr.  Whitmans  station,"  says  Dr.  AVhite,  and  it 
seems  that  he  had  some  trouble  in  getting  the  Indians  to  meet  him  in  council,  but 
succeeded  and  ultimatel}'  left  Ihcm  a  code  of  laws.  The  rest  of  the  report  is  taken 
up  in  generalities  that  are  of  no  special  interest  except  the  two  following  para- 
graphs : 

No  intelligence  from  abroad  has  reached  us  this  winter.  IMount  .St.  Helens, 
one  of  those  snow-capped  volcanic  mountains,  some  16,000  feet  above  the  level  of 
the  sea,  and  eighty  miles  northwest  of  Vancouver,  broke  out  upon  the  20th  of 
November  last  (1842'),  ])resLnting  a  scene  the  most  awful  and  sublime  imaginable, 
scattering  smoke  and  ashes  several  hundred  miles  distant. 

A  petition  started  from  this  country  to-day,  making  bitter  complaints  against 
the  Hudson's  Bay  Cou'pany  and  Governor  ]McLuughlin.  On  reference  to  it  (a  copy 
was  denied),  I  shall  otdj-  say,  had  any  gentleman  disconnected  with  the  Hudson's 
Bay  Company  been  at  halt  the  pains  and  expense  to  establish  a  claim  on  the  Wal- 
lamet  Falls,  very  few  woidd  have  raised  an  opposition.  His  half-bushel  measure  I 
know  to  be  exact,  according  to  the  English  imperial  standard.  The  gentlemen  of 
this  company  have  been  fathers  and  fosterers  of  the  colony,  ever  encouraging 
peace,  industry  and  good  order,  and  have  sustained  a  character  for  hospitality  and 
integrity  too  well  established  to  be  very  well  .shaken. 

I  am,  sir,  your  humble  and  obedient  servant, 

ELIJAH  WHITE, 
T.  HARTI.RY  Crawford,  Sub-Agent  Indian  Affairs,  IV.  A'.  M. 

Commissioner  Indian  Affairs. 

The  .statement  in  the  above  that  "  the  gentlemen  of  this  company 
have  been  fathers  and  fosterers  of  the  colony,"  is  drawing  the  com- 
parison rather  strong.  Aside  from  Dr.  McL,oughlin,  who  at  this  time 
had  severed  his  connection  with  that  company,  the  officers  did  not 
evince   even  a  step-father's  paternal  care.     "During  the  early  fall  a 


f 


:'!ll 


i 


Il6 


brown's  political  history. 


1843 


Clackamas  Indian  named  Cockstock,  who  seems  to  have  been  a  rene- 
gade in  his  tribe,    having  become  involved   in   a  difficnlty  with  the 
whites,  rode  a  few  days  later  into  Oregon  City,  accompanied  by  five 
others,  armed  and  painted,  and  made  hostile  demonstrations.     They 
finally  crossed  the  river  and  attei.ipted  to  incite  the  Indians  of  the  vil- 
lage to  come  over  and  institute  a  general  massacre.     Not  succeeding 
in  this,  Cockstock  and  his  immediate  followers  recrossed  the  stream 
and  was  met  at  the  landing   by  a  numbc  of  whites  who  intended  to 
capture  him  alive.     Firing  soon  commenced,  and  Mr.  George  W.  Le 
Breton  attempted  to  seize  Cockstock  but  received  a  heavy  discharge-  in 
the  palm  of  his  right  hand,  a  ball  in  his  elbow  and  another  in  his  arm 
two  inches  above  the  elbow  joint.     A  scuffle  ensued,  in  which  he  fell 
to  the  ground  with  the  Indian,  crying  out  instantly,  '  He  is  killing  me 
with  his  knife.'    At  this  moment  a  mulatto  named  Winslow  Armstrong 
rushed  to  the  spot  and   dispatched  Cockstock,   by  smashing  his  skull 
with  the  barrel  of  his  rifle.      In  the  meantime  the  other  Indians,  yell- 
ing fearfully,  were  firing  amon<^  the  whites  with  guns,   pistols    and 
poisoned  arrows,    and    many  colonists    narrovvh'   escaped.     Two  men 
who  were   quietly  at  work   near  by,  were  wounded  with  arrows  (Mr. 
Wilson  slightly  in  the  hip,  and  Mr.  Rogers  in  the  nutscles  of  the  arm), 
but  neither,  it  was  supposed,  dangerousl3\     The  five  Indians  retired  to 
the  bluff,   lodged   themselves  among  the  rocks  and  commenced  firing 
indiscriminately.     They  were  dislodged  after  one  of  them  had   been 
wounded  and  ahorse  killed.     The  surgeon  being  absent  from  town,  Mr. 
Le  Breton  was  immediately  removed  to  Vancouver,  where  he  received 
every  attention  ;  but  as  the  canoe  was  ten  hours  on  the  passage,  the 
poison  diffused  itself  through  his  system,  and  death  ensued  in  less  than 
three  days.     Mr,   Rogers,  though  but  slightly  wounded  in  the  arm, 
lived  only  one  day  longer.     Mr.  Wilson   has  suffered   comparatively 
little,  althoughnot  considered  in  a  safe  condition.'" 

The  death  of  Mr.  Le  Breton  was  a  heavy  blow  to  the  Provisional 
Government.  He  came  to  the  country  with  Captain  J.  H.  Couch,  and 
was  a  young  man  of  education  and  ability. 

The  emigration  this  year  was  large,  consisting  of  from  800  to  1200 
souls,  including  a  number  of  men  who  were  destined  to  play  very  im- 
portant parts  in  the  moulding  and  maintaining  of  American  supre- 
macy, and  the  establishing  of  Provisional,  Territorial  and  State  Gov- 
ernments. Among  them  was  Jas.  W.  Nesmith,  Jesse  Applegate, 
Daniel  Waldo,  H.  A.  J.   Lee,   Dr.  John  E.  Long,  John   Minto,  A.  L. 

I    Gray's  History,  p.  251. 


1843 


PROVISIONAL   GOVERNMENT. 


117 


Lovejoy,  Peter  H.  Burnett,  John  G.  Campbell,  J.  M.  Garrison,  J.  J. 
Hembre,  Thos.  I).  Kaiser,  Wni.  J.  Martin,  M.  M.  McCarver,  J.  B. 
McClane,  Fredrick  Prig^,  P.  G.  Stewart,  John  M.  Shively,  Hiram 
Straight,  and  others  who  probably  should  be  mentioned. 

I  will  now  quote  from  a  document  that  was  found  among  Dr. 
McLoughlin's  papers  after  his  death,  and  published  by  the  Oregon 
Pioneer  Association  in  iS.So,  that  was  verified  long  previous  to  his 
death,  especially  the  first  paragraph  : 

In  1843,  about  >S(k)  iminif,'raiits  arrived  from  the  States.  I  saw  by  the  looks 
of  the  Indians  that  they  were  excited,  and  I  watched  thcni.  As  the  first  stragglers 
were  arriving  at  Vancouver  in  canoes,  I  was  standing  on  the  bank  ;  nearer  the 
water  there  was  a  group  of  ten  or  twelve  Indians.  One  of  them  bawled  out  to  his 
companions,  "It  is  good  for  us  to  kill  these  Bostons."  vStruck  with  the  excite- 
ment I  had  seen  in  the  countenances  of  the  Indians  since  they  had  heard  the  report 
of  the  immigration  coming,  I  felt  certain  that  they  were  inclined  for  mischief,  and 
that  he  spoke  thus  loud  as  a  tecler  to  sound  me,  and  take  their  measures  accord- 
ing!_..  I  immediately  rushed  on  them  with  my  cane,  calling  out  at  the  same  time, 
"  Who  is  the  dog  that  says  it  is  a  good  thing  to  kill  the  Bostr  j,V'  The  fellow, 
trembling,  excused  himself,  "I  spoke  without  meaning  harm,  but  The  Dalles 
Indians  say  so."  "  Well,"  said  I,  "  The  Dalles  Indians  are  dogs  for  saying  so,  and 
you  also,"  and  left  him,  as,  if  I  had  remained  longer  it  would  have  had  a  bad 
effect.  I  had  done  enough  to  convince  them  I  would  not  allow  them  to  do  wrong 
to  the  immigrants  with  impunity.  I'rom  this  Indian  saying,  in  the  way  he  did. 
that  The  Dalles  Indians  sai<l  it  was  good  to  kill  the  Bostons,  I  felt  it  my  duty  to  do 
all  I  could  to  avert  so  horrid  a  deed. 

Mr.  P.  L.  Edwards,  whom  I  mentioned  came  in  1S34,  with  ]\Ir.  Lee,  and  left 
in  1S38,  sent  me  a  letter  by  General  McCarver,  stating  he  had  given  a  letter  of 
introduction  to  me  to  P.  II.  Burnett,  P'sq.  I  immediately  formed  my  plan  and 
kept  my  knowledge  of  the  horrid  design  of  the  Indians  secret,  as  I  felt  certain 
that  if  the  .Americans  knew  it,  these  men  acting  independent  of  each  other,  would 
be  at  once  for  fighting,  which  would  lead  to  their  total  destruction,  and  I  sent  two 
(2)  boats  with  provisions  to  meet  them  ;  sent  provisions  to  Mr.  Burnett,  and  a  large 
quantity  of  provisions  for  sale  to  those  who  would  purchase,  and  to  be  given  to 
those  who  had  not  the  means,  being  confident  that  the  fright  I  had  given  (as  I  already 
stated)  the  Indians  who  said  it  was  a  good  thing  to  kill  the  Bostons  was  known  at 
The  Dalles  before  our  boats  were  there,  and  that  with  the  presence  of  the  Hudson 
Bay  Company  people,  and  the  assistance  they  afforded  the  immigrants,  would  deter 
the  Indians  from  doing  them  any  wrong,  and  I  am  happy  to  be  able  to  say  that  I 
entirely  succeeded.  At  first  I  thought  these  Indians  were  excited  by  some  of  the 
Iroquois  Indians  in  the  Hudson's  Bay  Company's  service,  and  tried  to  find  if  so, 
but  found  nothing  to  enlighten  me  on  the  subject. 

About  a  month  after  Dr.  Whitman  came  from  his  mission  at  Walla  Walla  to  Van- 
couver, as  The  Dalles  was  on  his  way,  and  as  he  had  s-een  the  principal  men  there, 
it  occurred  to  me  that  he  might  have  heard  of  it,  and  told  him  what  I  heard  the  Indian 
say,  and  how  I  had  alarmed  him,  what  I  had  done  to  deter  them,  and  my  suspicion 
that  all  this  sprung  from  some  of  our  rascally  Iroejuois,  and  that  I  was  anxious  to 
find  that  rascal  out  to  punish  him  as  an  exauiple  to  deter  others.  "Oh,"  says  the 
doctor,  "I  know  all  about  it."     "  You  do,  doctor,"  said  I.     "  Ves,"  said  the  doctor, 


ii8 


brown's  political  history 


i«4:> 


Ml ' 


^i'l 


"I  have  known  it  for  two  years."  "Von  have  known  it  for  two  years  and  you 
told  nic  nothinj;^  !  Pray  tell  me  his  name."  The  (h)ct<)r,  seeing  I  was  on  the  wrong 
scent,  said  :  "  His  name  is  Thomas  Hill."  After  thinkini^  for  some  lime,  I  replied 
that  the  Hudson's  Ray  Company  had  no  man  of  that  name  in  their  service.  Oh,' 
says  the  doctor,  "Tom  Hill,  the  Shawnee."  This  Indian,  it  is  said,  had  been  edu- 
cated at  Dartmouth  coUej^'e  in  the  St  ites,  had  tolil  the  Indians  tliat  a  few  .\meri- 
cans  had  come  to  settle  on  their  lands ;  that  the  Shawnees  allowed  them,  hut 
■when  the  Americans  were  stroni.,'  cnouj^h  Ihey  drove  tlie  Shawnees  off  and  now 
the  Shavviiees  have  no  lands,  an<l  iir^jed  the  Indians  toallow  no  .-Xmericans  to  settle 
on  their  lands,  which  advice  the  Indians  about  Walhi  Walla  say  the  Cayuses  are 
following  to  this  day,  and  the  In<lians  were  inclined  to  follow  by  killing  the  immi- 
grants who  Prst  came,  and  which,  I  bcliLVc,  'hey  would  have  done  but  for  the 
decided  and  cautions  manner  that  I  acted.  And  the  reason  lie  Indian  made  use 
of  the  expression  he  did,  was  because  I  ])unished  Ihe  murderers  of  the  .Smith 
party,  and  hi  fore  acting  Ihey  wanted  to  know  how  I  would  treat  them,  and  most 
certainly  if  I  had  not  been  mo.st  anxious  for  the  safety  of  the  immigrants  and  to 
discharge  to  them  the  duties  of  a  Christian,  my  ear  would  not  have  caught  so 
quickly  the  words,  '  it  is  a  good  thing  to  kill  these  Bostons, 'and  acted  as  I  did. 
In  fact,  if  the  immigrants  had  all  been  brothers  and  sisters,  I  could  not  have  done 
more  for  them.  I  fed  the  hungry,  caused  the  sick  to  be  lemled  to  and  nursed, 
furnished  them  assistance  as  long  as  they  rccjuircd  it,  and  which  some  have  not 
paid  to  this  day,  though  abundantly  able,  and  for  which,  if  tl.'cy  do  not  Jiay,  I  am 
answerable  to  the  Hudson's  Hay  Company.  It  may  be  s.iid,  and  has  been  said, 
that  I  was  too  liberal  in  making  these  advances.  It  was  not  so  but  was  done 
judiciously  and  prudently. 

The  following  article  from  the  Edinburfi'  Review,  1843,  i,s  often 

quoted  from,  but  as  it  has  not  been  published  in  full  for  several  years, 

and  will  undoubtedly  prove  of  interest  and  at  the  same  time  show  the 

object  of  Great  Britain,  and  the  ignr)rance  dis])layed  in  regard  to  Atuer- 

ican  snap  and  energy  in  crossing  the  plains  with  wagons,  a  feat  which 

was   actually  being  performed  at  the  moiuent  the   article  was  being 

written  : 

Orkgon.  —  This  is  the  last  co.ner  011  earlli  left  free  for  the  occupation  of  a 
civilized  race.  When  Oregon  sh  ill  be  coloui/.ed,  the  map  ot"  the  world  may  be 
considered  as  filled  up.  The  romantic  days  in  which  every  new  adventurer  saw  in 
the  first  green  shore.s  which  greeted  him  the  nurscrv  of  some  new  empire  to  be  called 
by  his  name,  are  gone  forever.  The  world  has  grown  old  in  the  last  two  hundred 
years  more  rapidly  than  in  the  precedeing  two  thousand.  Our  further  coiujuests 
must  be  over  the  other  elements.  Ivarth  has  little  more  surface  left  to  dis])ose  of. 
Of  Australia  we  know  neatly  all  that  will  ever  be  worth  knowing,  and,  although 
there  is  room  there  for  a  great  multiplication  of  inhabit'Uits,  there  arc  no  new  spots 
of  value  for  the  foundation  of  fresh  colouie-;.  Of  the  beautiful  islands  of  the  Pa- 
cific, the  loveliest  and  the  largest  are  already  appioprialcd.  Asia  belongs  to  an- 
other race.  The  vast  and  teeming  solitufles  of  South  America  afford  room  for 
empire  ;  but  their  air  breathes  death  to  the  uorlherii  colonist.  The  only  region  of 
any  extent,  of  temperate  climate  and  agricultural  capaliility,  which  still  invites 
swarms  from  old  hives  of  mankind,  is  that  which  stretches  along  the  west  coast  of 
America,  between  the  extreme  settlements  of  the  Mexicans  and  those  of  the  Rus- 
sians.    I'ormerly,  this  coast  was  nearly  inaccessible  ;  lying  to  the  windward  of  the 


I 


",'v*Y ' 


1843 


PROVISIONAL    GOVICRNMKNT. 


119 


steady  easterly  currents  of  air,  it  was  difficult  and  uncertain  approach  ;  and  the 
seas  which  washed  it  were  unknown  to  commerce.  Now,  steam  will  render  it  ap- 
proachable at  every  season,  and  from  every  quarter.  The  mouth  of  the  Colund)ia 
lies  but  eif<ht  or  ten  days  sail  from  the  Sfindwich  Islands,  now  as  well  known  as  the 
Azores,  and  as  much  visited  by  ICuropean  and  American  vessels.  This  country 
once  settled,  will  command  the  Pacific.  It  will  comnmnicate  directly  with  New 
Zealand,  .Vustralia,  and  China  ;  and  should  the  transit  across  the  Isthnms  of  Darieii 
be  effected,  it  will  be  within  forty  or  fifty  days'  voyage  from  the  shores  of  Britain. 

Generally  sjieakini.;,  Oregon  cinsists  of  mountains.  The  Columbia  river  its  chief 
geographical  feature,  in  falling  from  the  Rocky  mountains  to  the  sea,  cuts  trans- 
versely three  or  four  distinct  mountain  ridges,  running  north  and  south  ;  one  of 
them,  which  the  Americans  call  the  Tresident's  range,  of  very  great  height,  attain- 
ing the  elevation  of  i,s,cxx)  t)r  i6,uoo  feet  in  single  peaks,  some  of  which  frown  al- 
most immediately  over  its  waters. 

North  of  the  Columbia,  the  country  is  in  general  a  labyrinth  of  nu>untain 
ranges,  but  interspLMsed  with  heavy  timber  ;  the  climate  mild  for  the  latitude,  but 
moist  aiul  tempestuous. 

South  of  the  Columbia,  the  character  of  the  country  completely  changes,  and, 
a.-;  we  have  said,  very  suddenly.  Tlie  forests  gives  jjlace  t(j  an  open  undulating 
country,  still  clad  with  magnificent  trees  on  the  nu)untain  ridges.  In  the  interior 
the  plains  are  perfectly  arid,  the  soil  volcanic,  and  buffalo's  dung  supplies  the 
place  of  fuel.  P.ut  the  trad  intervening  between  the  ivcstcnnost  of  the  parallel 
ranges  of  mountains  and  the  Pacific  ocean,  enjoss  more  moisture  than  the  rest, 
and  produces  trees  of  a  size  hardly  equalled  within  the  tropics. 

Such  is  Oregon  — a  land  of  magnificent  scenery,  and  a  healthful  climate  ;  of 
limited  agricultural  capabilities  with  a  large  proportion  of  unproductive  soil,  but 
fertile  ground  enough  to  form  the  home  of  a  new  tialion  ;  poor  in  harbors,  and  de- 
ficient in  navigat)le  rivers,  but  yet  by  no  means  inaccessible,  and  possessing  an 
adiTiirable  geographical  situation  for  commercial  purposes.  The  tribes  of  Indians 
which  wander  o\er  its  surface  are  few  in  number,  chiefly  subsisting  by  sf.lmon 
fishing  and  on  roots,  and  very  inferior  physical  power  and  ferocious  energy  to  their 
brethren  of  the  prairies.  But,  for  this  very  leason,  they  offer  the  less  obstruction 
to  the  operations  of  the  colonists  ;  and,  it  must  be  ai'uled,  that  their  sim])le  inoffen- 
sive habits  of  life  are  found  to  be  accompanied  in  many  cases  with  a  moral  eleva- 
tion which  ranks  the  nr  in  the  scale  of  humanity  far  above  most  savages,  and  forms 
but  too  striking  a  ct)nt'-"-*  to  the  morals  and  habits  of  the  wandering  whites  and 
half  breeds  who  visit  them  from  the  cast.  No  race  of  men  appears  to  live  in  so 
much  consciousness  of  the  immediate  jiresence  of  the  invisible  world.  "Simply 
to  call  these  people  religious,"  says  Irving,  in  the  character  of  Captain  Bonneville, 
speaking  of  some  tribes  west  of  the  Rocky  mountains,  "  would  convey  but  a  faint 
idea  of  the  deep  hue  of  piety  and  devotion  which  pervades  the  whole  of  their  con- 
duct. They  are  more  like  a  nation  of  saints  than  a  herd  of  savages."  Among 
such  people  as  the.se,  the  exertions  of  a  few  missionaries  have  met  with  rather 
more  than  usual  success,  but  extermination  treads  rapidly  on  their  heels. 

At  present  the  only  fixed  inhabitants  of  this  vast  wilderness  nmy  be  said  to  be 
the  people  of  the  Hudson's  Bay  Company  at  P'ort  Vancouver,  and  a  few  hundred 
English  and  Americans;  chiefly  men  tired  of  the  wandering  life  of  the  deserts, 
who  have  established  themselves  as  agricultural  settlers  in  the  valley  of  the  Wal- 
lamette,  tiear  the  mouth  of  the  Columbia.  They  have  at  present  no  Government, 
being  recognized  subjects  of  neither  Great  Britain  nor  the  United  States,  but  are 


-li; 


I 


120 


brown's  political  mlstory 


it 

1 


i      ; 

iV; 


1843 


demaiuliiiK  loudly  to  he  included  within  the  houndaries  of  the  great  repuhlic. 
They  are  at  this  tnoinciit  partially  undi-r  the  control  of  a  power  not  very  responsible 
to  either  state,  hut  of  which  all  the  instincts  and  habits  arc  thoroughly  Hritish  and 
anti-American — the  Hudson's  'lay  Company. 

Few  among  us  are  aware  of  the  extraordinary  resources  and  wide-spreading 
plans  of  this  remarkable  society,  which  has  exercised  in  its  barren  domains  a 
steady,  enterprising  policy  not  inferior  to  that  of  the  Kast  India  Company  itself; 
and  now  occupies  and  controls  more  than  one-ninth  of  the  soil  of  the  globe.  The 
great  business  of  this  company  is  the  fur  trade,  of  which  it  is  now  nearly  the  sole 
monojjolist  throughout  nearly  all  the  choicest  fur  bearing  regions  of  North  Amer- 
ica, wilh  the  exception  of  the  portion  occupied  by  the  Russians.  The  bulk  of 
its  empire  is  secured  to  it  by  charter  ;  t)ut  it  is  in  possession  of  Oregon  as  debat- 
able land,  under  stipulation  between  Britain  and  the  United  States.  The  stock- 
holders arc  British,  the  management  of  its  affairs  in  America  is  carried  on  by 
"partners,"  so-called,  but  in  point  of  fact,  agents  paid  by  a  proportion  of  the  net 
income  of  the  company.  These  are  scattered  in  various  posts  over  the  whole  ter- 
ritory between  Hudson's  Bay  and  the  Pacific.  The  (ioveriior-General  resides  in 
York  Factory  on  the  former.  They  are  chiefly  Scotchmen,  and  a  greater  propor- 
tion of  shrewdness,  daring  and  commercial  activity,  is  probably  not  to  be  found  in 
the  same  number  of  heads  in  the  world.  Before  1820,  this  body  carried  on  a  fierce 
contest  with  the  Northwest  Company,  attended  with  hideous  battles  of  Indians 
and  half  breeds,  in  the  burning  and  sacking  of  each  other's  posts.  In  1821,  the 
two  com]5anies  were  consolidated,  since  which  time  they  ha\ehad  no  British  rival, 
and  have  exerted  all  their  policy  to  repress  interference  on  the  part  of  the  Ameri- 
cans. In  this  they  seem  to  have  thoroughly  succeeded.  The  attempts  of  the  Ameri- 
cans to  establish  a  fur  trade  of  their  own,  one  by  one  have  ended  in  disappoint- 
ment. Their  own  trai)pcrs  and  hunters  prefer  the  markets  of  the  company.  Its 
agents  seek  out  the  Americans — so  at  least  they  complain — outbid  them  and 
imdersell  them  in  every  point  to  which  they  can  penetrate.  The  Pacific  I'ur  Com- 
pany, the  scheme  of  John  Jacob  Astor,  commemorated  by  Washington  Irving, 
those  of  Captain  Wyeth,  and  mony  1  .t, ler  American  adventurers,  have  failed  against 
the  strength  and  persevercnce  of  the  old  monopoly.  Its  traders  supjily  the  de- 
mand, such  as  it  is,  both  of  Ind'.'r-.iu  and  white  hunters  for  European  goods,  over 
all  the  Northwest. 

We  have  purposely  abstained  from  all  discussion  of  the  question  now  pending 
between  Great  Britain  and  America  as  to  the  sovereignty  of  Oregon.  We  have 
been  anxious  on  the  present  occasion,  only  to  point  out  the  existence  and  the 
capabilities  of  this  region — the  remotest  nook  of  the  world,  and  the  last  vacant 
space,  as  we  hcive  said,  for  the  plantation  of  a  new  people.  The  land  which  is  to 
command  the  iSorth  Pacific,  and  give  the  law  to  its  myriad  islands,  cannot  long 
remain  unoccupiv^d.  It  calls  loudly  on  tliose  who  have  foresight,  on  those  who  can 
estimate  the  futuie,  to  forecast  its  destiny.  The  Americans  never  show  themselves 
deficient  in  this  branch  of  political  wisdom.  They  are  familiar  with  what  we  can 
scarcely  realize — t'le  rapid  march  of  time  in  the  western  world.  Almost  before  we 
have  satisfied  ourst-lves  with  the  mere  contemplation  of  a  newly  discovered  portion 
of  the  wilderness— before  its  lines  were  mapped  out,  and  the  names  of  its  natural 
features  becomes  lamiliar  to  our  ears — the  wilderness  is  gone,  the  mountains 
stripped  of  their  forests,  the  rivers  alive  with  navigation.  The  far  west  will  change 
rapidly  as  the  east  has  done.  In  the  words  of  Washington  Irving,  "The  fur  bear- 
ing animals  extinct,  a  complete  change  will  come  over  the  scene  ;  the  gay  fur 
trapper  and  his  steed,  decked  out  in  wild  array,  and  titikling  with  bells  and  trink- 


/ 


\ 


1843 

ery  ;  the  sa\ 
winding  thr( 
ing  im  its  tr 
of  danger,  t 
cliffs— all  th 
then  exist  b 

Surely  i 
earth,  /(>  not 

WK  M.W 

tween  Kiigl: 
jiou  7vill  tiei 
pointing  out 
haps  at  tcdio 
va.'.l  space  w 
cm  most  lim 
Columbia 
uess  of  snov 
hopeless  stci 
bitter  shrub' 
traversed  by 
more  than  S 
or  conciliate 
panics  the  ra 
irresistible  t( 
uttermost  liu 
regions  he  111 
not  but  iina 
luagous  )iiaki 
meantime,  tl 
the  old  world 
will  be  easiei 
have  made  it 
gon,  its  peop 
tion  in  earne 
tion  the  able 
which  their  ( 

French 
view.  Let  u 
us  ;  from  nu 
indolence, 
onies  enougl 
over  the  eart 
one  thing  or 
attained  dep 
markets,  the 
emigration  i 
send.  But  t 
merely  as  th 
people.  Wl 
but  to  found 
onv  founded 


1843 


rROVISTONAI.   GOVERNMKNT. 


i.n 


ery  ;  the  savage  warchief,  plumed,  and  ever  on  the  prowl  ;  and  traders'  cavalcade, 
winding;  thiouj^h  dtfdfs  and  over  naked  plains,  'vith  the  stealthy  war  party  lurk 
ing  on  its  tnil  ;  tlie  InifTalo  chase,  the  huntinj,'CFtnp,  the  mad  carouse  in  the  miilst 
of  daiif^er,  the  nij^hl  attack,  the  scamper,  the  fierce  skirmish  iunoiig  rocks  and 
clifFs — all  this  romance  of  savaj^e  life,  which  >et  exists  amonj,'  the  mountains,  will 
then  exist  but  in  frontier  story,  and  seem  like  the  fictions  of  chivalry  «)r  fairy  talc." 

Siite/y  it  tvell  hrfuwzm  us,  who  have  an  intrtesl  in  every  new  corner  of  the 
earlh, /(>  no/e /he  sij^ns  of  ihese  ehani^es,  \si)  T\RS  TimM  To  oik  I'Koirr  whin 
WK  MAY.  And  one  thing  strikes  us  forcibly,  lujwever  the  political  question  l.e- 
tween  Riiglaiid  and  America,  as  to  the  ownership  of  Oregon,  may  be  decided,  ()re- 
ji;of/  7uill  never  he  colonized  overland  from  the  luistern  States.  It  is  wilh  a  vit>»  of 
pointing  out  the  entire  distinctness  of  the  two  regions,  that  we  have  gone,  per- 
haps at  tedious  length,  into  a  description  of  the  geographical  peculiaiities  of  the 
va '•!  space  which  sejiarates  them.  It  is  six  or  seven  hundred  miles  from  the  west- 
ernmost limit  of  that  fertile  part  of  the  prairies  to  the  cultivable  region  of  the 
Columbia.  vSix  months  of  the  year  the  whole  of  this  spare  is  a  howling  wilder- 
ness of  snow  and  tempests.  During  the  other  six  it  exhiijits  every  variet)'  of 
hopeless  sterility,  plains  of  arid  sand,  defiles  of  volcanic  rocks,  hillsjcovercd  with 
bitter  shrubs  and  snowy  mountains  of  many  days'  journey;  and  its  level  part  is 
traversed  by  the  formidable  predatory  cavalry  we  have  described,  an  enemy  of 
more  than  Scythian  savageness  and  endurance,  who  cannot  be  tracked,  overtaken 
or  conciliated.  We  kn(  w  and  admire  the  extraordinary  energy  vshich  accotn- 
panies  the  rambling  habits  of  the  citizens  of  the  States;  we  know  the  feverish, 
irresistible  tendency  to  press  onward,  which  induces  the  settler  to  push  to  the 
uttermost  limits  of  practicable  enterprise,  regardless  of  the  teeming  and  inviting 
regions  he  may  leave  behind.  Still,  with  these  natural  obstacles  between,  :;  e  can 
not  but  imagine  that  the  ivorld  must  assume  a  new  face  before  the  American 
zuagotis  make  plain  the  road  to  the  Columbia,  as  they  have  to  the  Ohio.  In  the 
meantime,  the  long  line  of  coast  invites  emigration  from  the  over-peopled  shores  of 
the  old  world.  When  once  tin;  isthmus  of  Daritn  is  rendered  traver_iblc,  the  voyage 
will  be  easier  and  shorter  than  that  to  Australia,  which  -^o  ooo  of  our  countrymen 
have  made  in  a  sijigle  year.  \Vhocver,  therefore,  is  to  be  the  future  owner  of  Ore- 
gon, its  people  will  come  from  Europe.  The  Americans  have  taken  up  the  ques- 
tion in  earnest ;  their  press  teems  with  writings  on  the  subject  ;  we  need  only  men- 
tion the  able  memoir  of  Mr.  Greenhow,  translator  to  the  Department  of  State,  in 
which  their  claim  is  historically  deducted  with  much  ingenuity. 

French  writers,  as  may  be  suppo.scd,  are  already  advertising  the  American 
view.  Let  us  abandon  ours  from  motives  of  justice,  if  the  right  be  proved  against 
us  ;  from  Tuotives  of  policy,  if  it  be  proved  not  worth  contesting ;  but  not  in  mere 
indolence.  Let  us  not  fold  our  hands  under  the  idle  persuasion  that  we  have  col- 
onies enough  ;  that  it  is  mere  labor  in  vain  to  scatter  the  seed  ■  .f  future  nations 
over  the  earth  ;  that  it  is  but  trouble  and  expense  to  govern  them.  If  there  is  but 
one  thing  on  which  the  maintenance  of  that  perilous  greatness  to  which  we  have 
attained  depends,  more  than  all  the  rest,  it  is  colonization  :  the  opening  of  new 
markets,  the  creation  of  new  customers.  It  is  quite  true  that  the  great  fields  of 
emigration  in  Canada  and  Australia  promise  room  enoueh  for  more  than  we  can 
send.  But  the  worst  and  commonest  error  respecting  colonization,  is  to  regard  it 
merely  as  that  which  it  can  never  be — a  mode  of  checking  the  increase  of  our 
people.  What  we  want  is.  not  to  draw  off  driblets  from  our  teeming  multitudes, 
but  to  found  new  nations  of  commercial  allies.  And,  in  this  view,  every  new  col- 
ony founded,  far  from  diverting  strength  Irom  the  older  ones,  infuses  into  them 


i  I 


!     i 


fcv|j^^ 


■.*' 


'ifl: 


I 


122 


brown's  political  history. 


1843 


additional  vigor.  To  them  as  well  as  to  the  mother  country  it  opens  a  new  mar- 
ket. It  forms  a  new  link  iti  the  chain  along  which  commercial  inter- communica- 
tion is  carried — touching  and  benefiting  every  point  in  the  line  as  it  passes.  Thus, 
in  former  days,  the  prosperity  of  the  West  India  Islands  was  the  great  stimulus 
to  the  peopling  of  North  America.  The  newer  colony  of  Canada  has  flourished 
through  its  connections  with  our  settlements  in  the  States;  the  market  of  New 
Zealand  will  excite  production  in  Australia.  VVie  uttermost,  portions  of  the  earth 
arc  our  inheritance.  Let  us  not  throw  it  away  in  mere  supineness,  or  in  deference 
to  the  wise  conclusions  of  those  sages  of  the  discouraging  school,  who,  hai  they 
been  listened  to,  would  have  checked,  one  by  one,  all  the  enterprises  which  have 
changed  the  face  of  the  world  in  the  last  thirty  years. 

The  following  was  published  in  the  Springfield,  111.,  Journal,  ond 
as  it  .speaks  of  a  man  who  was  well  known  in  Oregon  at  the  time,  and 
who  returned  and  lived  here  for  .several  years,  it  may  be  interesting"  to 
his  old  acquaintances  as  well  as  giving  some  historical  facts  : 

"  We  have  had  the  plea.sure  of  conversing  with  Mr.  Wm.  Stitton,  a  resident 
of  Oregon  territory,  and  who  left  the  settlement  at  Wallamet  Falls  ahotit  the  mid- 
dle of  May.  He  was  three  months  in  reaching  the  settlements  on  the  Missouri  ; 
and  was  the  bearer  of  a  petition  to  the  American  Government  (and  other  papers) 
from  the  residents  of  Oregon,  asking  the  Government  to  extend  the  laws 
and  jurisdiction  of  the  republic  over  that  interesting  territory.  Mr.  vSuttcii  met 
the  caravan  of  emigrants  on  the  route,  as  also  two  smaller  parties  ])oand  for  Ore- 
gon. He  spoke  of  the  settlement  as  pro.sperous  and  healthy.  No  money  in  circu- 
lation, but  trade  is  by  barter  —  no  law  for  collection  of  debts,  but  debts  are  always 
paid.  A  town  is  growing  up  at  the  Wallamet  Falls.  Dr.  McLoughlin,  the  British 
commander  of  I'ort  \'ancouvtr  claims  the  site  by  right  of  discovery,  or  as  having 
established  a  post  there  some  years  since.  The  Wallamet  furnishes  an  immense 
water  power  suitable  for  machinery.  Two  grist  and  saw  mills  are  by  this  time 
built  at  that  place  —  one  owne<l  by  Dr.  McLoughlin.  Whe;it,  which  is  the])rinci- 
pal  crop  raised  for  sale,  is  worth  8u  cents  per  bushel  at  I'ort  Vancouver.  This 
price  is  not  paicl  in  money,  but  in  goods  at  a  low  rate.  ?iIoney  will  not  purchast; 
goods  as  low  by  20  per  cent,  as  wheat  or  beaver  skins.  Mr.  Sutton  is  so  well 
pleased  with  the  country  that  he  designs  to  return  and  spLiid  his  days  there.  If 
emigrants  sliould  continue  to  pass  into  Ori'gon  for  a  few  years,  as  rapidly  as  they 
have  the  present  year,  the  jieople  will  soon  be  alile  t(j  protect  themselves  from  the 
repacity  of  the  Hudson's  IJay  Company.  The  settlement  now  has  a  good  tnilitary 
company  well  commanded." 

Coni^'-ressionat. 

Dec.  20.  Rep.  Wentworth,  of  Illinois,  committee  on  Territories  asked  leave  to 
offer  a  resolution  calling  on  the  President  to  communicate  to  this  Hou.se,  if  not  in- 
compatible with  the  public  interests,  all  correspondence  between  the  Govern- 
ment of  the  United  States  and  Oneign  powers  in  relation  to  the  discovery,  posses- 
sion, title,  and  boundary  of  the  Oregon  territory.  Objection  being  made,  the  res- 
olution was  not  received. 

.Senator  Atchison,  of  Missouri,  introduced  a  bill  for  establishing  a  governtuent 
over  t)7e  Oregon  territory,  was  read  and  referred  to  the  select  committee  on  that 
subject.  Mr.  Allen,  of  Ohio,  proposed  a  resolution  calling  upon  the  Ivxecutive  foi- 
copies  of  the  instructions  given,  and  cf)rrespondence  of  our  minister  with  the  Brit- 
ish minister  in  relation  to  Oregon.     Which  lays  over  for  consideration. 


1843 


PROVI.SIONAL    GOVERNMENT. 


123 


Dec.  21.  Senator  Atchison,  on  leave,  introduced  a  bill  to  facilitate  and  en- 
courage the  settlement  of  the  territory  of  Oregon.  The  following  is  an  abstract 
of  its  provisions  :  It  provides  for  a  line  of  stockades  and  blockhouses  not  exceed- 
ing five,  from  a  point  on  the  Missouri  river  into  the  best  pass  for  entering  the 
valley  of  the  Oregon.  The  President  to  cause  one  to  be  erected  at  or  near  the 
mouth  of  the  Columbia  river.  A  grant  of  640  acres  to  each  white  male  inhabit- 
ant over  18  years  who  shall  cultivate  the  same  for  five  years,  and  to  his  heirs  in 
case  of  decease.  To  every  married  man  there  shalj  be  granted  in  addition  160 
acres  to  the  wife,  and  160  acres  for  each  child  under  18  years  of  age  he  may  have, 
or  which  shall  be  born  within  the  territory.  No  sale  or  contract  of  land  to  be 
valid  before  the  patent  is  issued,  nor  shall  it  be  liable  for  any  judgment,  mortgage 
or  lien  before  the  patent  is  issued.  The  territory  shall  comprise  all  the  country 
west  of  the  Rocky  mountains,  and  between  the  parallels  of  40°  and  54°  40'',  north 
latitude.  To  carry  into  effect  the  provisions  of  this  bill  |;itHj,()tK)  to  be  appro- 
priated. The  bill  was  referred  to  a  select  connnittee  of  five  as  follows  ;  INIessrs. 
Atchison,  Walker,  Sevier,  Merick,  and  Phelps. 

Dec.  28.  Senator  Atchison  introduced  a  bill  to  establish  a  govenmient  for 
the  territor}'  of  Oregon.  Mr.  .'Vllen  presented  several  memorials  for  the  occupa- 
tion of  Oregon  territory. 

Senator  Lewis  Field  lyinn,  Oregon's  best  friend  died  Oct.  31,  1843, 
at  his  home  in  Missouri,  very  suddenly  of  heart  disease.  He  was  born 
near  Louisville,  Kentucky,  1796,  was  the  grandson  of  Col.  Wm.  Linn 
of  the  re\'olution  army,  who  was  afterwards  killed  by  the  Indians. 
The  father  of  Senator  Linn  died,  leaving  this  son  but  eleven  years  of 
age.  He  studied  medicine  and  afterwards  moved  to  Missouri,  and  was 
elected  to  the  State  Senate,  then  was  appointed  Judge  to  examine  land 
title,  ,  afterwards  appointed  U.  S.  Senator,  and  three  times  elected  to 
that  office,  the  last  time  only  a  few  months  before  his  death.  He  served 
from  1S33  to  1843. 

Senators  Benton  and  Buchanan  delivered  eulogies  on  Senator  Linn, 
and  Mr.  Buchanan  said  :  "  In  him  were  combined  the  most  opposite 
and  most  admirable  qualities  of  nature,  in  more  striking  contrast  than 
I  have  ever  witnessed  in  any  other  num.  Gentle  as  the  lamb,  and  mild 
as  the  zephyr,  he  was  as  brave  as  a  lion.  '  He  had  a  heart  for  pity, 
and  a  hand  open  as  day  for  melting  charity.'  Human  suffering  always 
drew  from  him  the  tear  of  .s^-mpathy,  and  his  active  benevolence  never 
rested  until  he  had  attempted  to  relieve  the  sufferer.  He  was  one  of 
the  ablest  men  who  hehl  a  seat  in  the  Senate  in  mj'  day,  yet  he  was  so 
modest  and  unpretending  that  he  never  seemed  sensible  of  his  own 
ability,  and  would  blush  at  the  faintest  praise.  If  the  first  settlers  who 
shall  boldly  establish  themselves  in  Oregon  under  the  ample  folds  of 
the  American  flag —  .ot  those  who  may  '  enter  the  territory  prudently 
and  silently  ' — do  not  call  their  first  city  after  his  name,  they  will  de- 
serve the  brand  of  ingratitude." 


124 


BROWN  S    POLITICAL    HISTORY, 


1843 


I'i 


I 


The  January  number,  1843,  of  Fisher^ s  Colonial  Magazine,  con- 
tained a  long  article  on  the  fur  trade  and  the  British  claim  on  Oregon, 
from  which  I  take  the  following  : 

The  importance  of  the  trade  between  this  coas*^  and  China  was  first  ascertained 
in  Cook's  third  voyage  of  discovery  in  the  Pacific.  The  scarcity  of  fuel  in  the 
densely  populated  provinces  of  China,  the  uuskillfulness  of  the  people  in  manu- 
facturing woolens,  and  the  severity  of  the  winter,  caused  a  greater  demand  and 
higher  prices  for  furs  in  the  Chinese  market  than  in  any  other  part  of  the  world, 
insomuch  that  the  return  given  by  the  Russiansfor  Chinese  commodities  is  almost 
entirely  in  furs,  and  those  for  the  most  part  of  an  inferior  quality. 

The  capture  of  the  sea-otter,  in  consequence  of  the  very  gre;^t  ' nluc  ,'  *s  fur, 
early  attracted  the  attention  of  the  Russians,  as  Cook,  when  in  177?  t,e  \ ; ;;  .(.d  the 
coast  of  Kamschatka  and  the  neighboring  islands,  found  many  Russiii-.  posts  es- 
tablished through  them,  for  securing  this  valuable  article  of  commerce.  These 
traders,  however,  had  not  the  enterprise  to  push  their  traffic  at  that  time  to  the 
opposite  coast  of  America, as,  when  Cook  first  visited  Nootka  Sound,  an  inlet  in  Van- 
couver's Island,  in  latitude  49°  36',  north,  the  natives  readily  bartered  the  finest 
sea-otter's  furs  for  beads,  buttons,  and  similar  toys. 

The  sea-otter  is  the  largest  of  the  otter  tribe,  being  about  three  feet  long,  or, 
including  the  tail,  a  little  more  than  four  feet,  and  weighs  from  seventy  to  eighty 
pounds.  The  fur,  which  is  the  richest,  softest  and  warmest  known,  is,  in  the  finest 
specimens  of  a  deep  glossy  brownish-black.  It  is  an  animal  singiilarly  limited  in 
its  locality,  being  confined  to  the  tract  between  44°  and  60°,  north  latitude,  and 
150°  and  25(1°  east  longitude. 

Other  furs  of  inferior  value  are  found  in  the  northwest  coast,  the  most  ."bund- 
ant  being  those  of  beaver,  bears,  wolves  and  foxes,  which  last  are  most  abundant, 
being  yellow-,  reddish-grey  and  black.  The  furs  obtained  by  the  Russians  ;n, 
sent  into  China  overland.  When  the  British  vessel  of  discovery,  which  !  d 
been  commanded  by  Cook,  proceeded  to  Macao,  the  furs  which  the^/  procured 
at  Nootka  Sound  met  with  a  ready  sale  at  extraordinary  high  prices.  Sea-utter 
skins  of  which  six  had  l)een  purchased  lor  a  dozen  glass  beads,  sold  for  fi  20  apiece, 
and  altogether  the  quantity  procured  realized  about  ^'6,cx)o.  *  *  *  The 
fur  trade  on  this  coast  had  now  became  a  frequent  and  favorite  olyect  of  mercan- 
tile enterprise,  and  Mears,  on  making  the  American  shore,  iVjvmd  the  J'rincess 
Royal,  of  London,  already  engaged  in  traffic  there.  Entering  Nootka  Sound,  he 
built  a  house,  and  established  a  small  factory,  and  soon  after,  in  the  name  of  the 
King  of  Great  Britain,  took  possession  of  the  Straits  of  Juan  de  Fuca,  or  the  sornd 
which  separates  Vancouver  Island  from  the  mainland.  He  also  built  a  schoc  ,  r 
and  after  a  prosperous,  course  of  tratTic,  the  /'V/zVv?  returned  lo  China,  wht'o  'if 
cargo  was  disposed  of  at  a  large  profit.  Some  sea-otter  skins  sold  for  $250  em". 
and  the  tails  for  $15  each,  the  whole  cargo  being  purchased  by  one  merchant  fur 
$38 ,000. 

The  course  of  the  con.sort  vessel  [phigcuia,  we,  ,  ."oi.  sostu'ioth.  On  its  arrival 
at  Nootka  vSound,  where  there  were  two  Americ*,.  vessels  f  i^'aged  in  the  same 
traffic,  the  [phii\enia  was  seized  by  a  Spanish  fone,  consisting  if  two  small  ships 
of  war,  the  commander  of  whom,  Martinez,  took  po.sscssion  o  "  the  small  factory 
founded  by  Mears,  hoisted  the  Spanish  standard  on  it,  and  proclaimed  that  all 
the  territory  extending  from  Cape  Horn  to  60°  north  latitude,  belonging  to  the 
crown  of  Spain.  He  then  proceeded  to  erect  batteries,  store  houses,  and  other 
buildings  requisite  for  fortifying  that  ^Jort.     At  the  same  time,  three  other  British 


1843 


PROVISIONAL   GOVERNMENT. 


125 


vessels,  the  Argonaut,  the  North  West  America,  and  the  Princess  Royal,  were 
seized.  The  total  loss  incurred  on  this  occasion  by  the  British  is  estimated  by 
Mears  at  $5ck),ooo. 

In  consequence  of  formidable  preparations  for  hostilities  by  Great  Britain, 
the  Spanish  Government  executed  a  treaty  on  Oct.  28,  1790,  b}- which  the  invaded 
possessions  \verL'  restored  to  the  British.  It  is  not  easy  to  imagine  a  more  un- 
questionable territorial  right  than  is  made  out,  first  in  consequence  of  priority  of 
occupation  by  Sir  Francis  Drake,  who  left  Plymouth,  and  reached  this  coast  in 
December,  1577.  This  expedition  intended  to  plunder  the  Spaniards,  to  explore 
iniknown  regions  in  the  eastern  and  western  hemisphere,  and  to  circumnavigate 
the  globe,  consisted  of  the  Pelican  of  100  tons,  the  Elizabeth  of  Su,  the  Swan  of 
50,  the  Marygold  oi  yes,  and  the  Christopher  of  15,  carrying  167  men.  With  these 
Drake  doubled  Cape  Horn  and  proceeded  north,  plundering  and  insulting  the 
Spaniards,  until  he  reached  latitude  48°  north,  where  he  landed,  styling  the  coun- 
Xxy  New  Albion,  and  taking  possession  in  the  luime  of  Queen  lilizabeth.  This 
was  followed  by  Mears  and  other  British  subjects  and  the  cession  by  vSpain,  the 
only  civilized  power  competent  to  dispute  the  claims  of  the  British. 

In  I79i,  Captain  Vancouver  was  dispatched  in  command  of  the  sloop  of  war 
Discovery,  and  the  armed  tender  Chatham,  to  accept  from  the  vSpuniards  the  res- 
toration of  the  settlements.  At  the  entrance  of  the  inlet  named  the  straits  of  Juan 
de  Fuca  he  fell  in  with  an  American  ship  commanded  by  Robert  Gray,  who  had 
penetrated  fifty  miles,  but  Vancouver  finished  the  survey,  aiid  found  it  to  be  a 
strait,  separating  the  island  which  bears  his  name  from  the  main  land ;  he  took 
possession  on  a  spot,  which  he  named  Port  Discovery ,  situated  in  latitude  56°  20'  3" 
north,  and  longitude  226°  35'  east. 

On  the  King's  birthda}-,  he  took  possession  which  we  give  in  his  own  words  : 
"  I  went  ashore  at  r  o'clock,  pursuing  the  usual  formalities  whicli  are  generally 
observed  on  such  occasions,  and  under  the  discharge  of  a  royal  salute  from  the 
vessels,  took  possession  accordingly  of  the  coast  from  that  point  of  New  Albion  in 
the  latitude  o/_^g°  20'  north,  and  longitude  2j^6^  26'  east  to  the  entrance  of  this  in- 
let'of  the  sea,  said  to  he  the  supposed  straits  offuan  de  Fuca  ;  as  likewise  all  the  coasts, 
islands,  &c.,  ivitliin  the  said  straits,  as  ivell  on  the  northern,  as  on  the  southern 
shores,  together  zuith  those  situated  in  the  interior  sea  ivhich  zve  had  discovered, 
which  interior  sea,  I  honored  with  the  name  of  the  Gulf  of  Georgia,  and  the  con- 
tinent bounding  the  said  gulf,  and  extending  southerly  to  45°  of  north  latitude 
with  that  of  New  Georgia,  in  honor  of  his  present  Majesty." 

It  should  also  be  observed,  that  Mears  previously  on  May  18,  1788,  had  pur- 
chased for  a  few  sheets  of  copper,  the  ground  on  which  he  built  the  factory 
at  Nootka  Sound.  On  Oct.  19,  1792,  the  Chatham  entered  the  Columbia  river, 
Tiow  claimeil  by  the  United  vStates,  under  the  name  of  Oregon.  So  much  for  IJrit- 
isli  rights,  now  for  the  encroachments  of  the  United  States.  Washington  Irving 
maintains  (Astoria,  vol.  i,  p.  37),  that  the  discovery  of  the  Columbia  river,  was 
made  pre\  iously  to  Vancouver,  by  Captain  Gray,  of  Boston  ;  but  even  if  tlie  truth 
of  this  was  admitted,  it  could  no  more  set  aside  the  rights  of  the  British  founded  on 
the  discoveries  and  prior  occupation  of  the  whole  coast  of  New  .\lbion  by  Drake, 
Cook  and  Vancouver,  than  the  discovery  of  the  mouth  of  a  river  iimong  oiir  Aus- 
tralian possessions,  could  establish  a  territorial  right  there  for  a  rival  vState. 

The  country,  both  in  commercial  and  territorial  point  of  view,  is  so  valuable, 
that  it  is  to  be  hoped  that  our  Government  will  not  be  guilty  of  the  very  culpable 
infatuation  of  allowing  the  execution  of  the  threats  uf  the  Americans,  that  they 
will  expel  us  from  so  noble  an  acquisition,  of  which  having  actually  the  possession, 


!■ 


I 

ii 


126 


brown's  political  history. 


1843 


] 

t   1 

I  I 


and  unquestionably  the  right,  we  are  consequently  masters  dc  facto,  as  well  as  de 
jure.  By  making  this  coast  the  outlet  of  the  furs  obtained  tliroughout  this  vast 
region,  and  with  traffic  with  the  natives  would  amount  annually  to  above  half  a 
million  sterling.  *  *  *  ^jjy  demonstration  in  the  maintenance  of  our 
rights  would  be  well  supported  by  members  of  the  present  population,  originating 
in  the  race  which  .onstituted  the  servants  of  the  Hudson's  Bay  and  Northwest 
Companies.  That  such  a  contingency  may  soon  arise  there  is  much  reason  to 
apprehend,  ^  dv-closed  by  the  following  from  an  American  newspaper:  "We 
have  the  noi  .1  n  boundar}-  settled,  and  so  will  we  soon  have  the  northwest- 

ern, for  our  cou  inen  are  fast  establishing  themselves  in  that  country,  which 
will  soon  constituie  the  surest  rights  of  possession,  and  the  best  title."  This 
alludes  to  a  Siittlement  made  about  loo  miles  from  the  Pacific,  on  the  banks  of  the 
Willamette,  a  main  tributary  of  the  Columbia.  *  *  *  By  a  strange  and 
unpardonable  oversight  of  the  local  officers  of  the  company,  missionaries  from  the 
United  States  were  allowed  to  take  religious  charge  of  the  population,  and  these 
artful  men  lost  no  time  in  introducing  such  a  number  of  their  countrymen  as  reduced 
the  influence  of  the  small  number  of  original  British  settlers  to  complete  insignifi- 
cance. These  missionaries  have  also  solicited  and  obtained  from  the  Government  of 
the  United  States  a  recognition  of  the  political  existence  of  the  settlement.  The  exec- 
utive of  the  United  .States,  not  content  with  this,  has  .sent  by  Cape  Horn  a  Gov- 
ernor to  take  charge  of  the  infant  colony,  and,  unless  a  speedy  remedy  be  applied, 
our  fellow  subjects  in  that  quarter  will  soon  be  excluded  from  the  Columbia  river, 
its  tributaries,  and  adjacent  countries,  hitherto  reckoned  among  our  possessions. 
Provisional  Government  Officers,  iSfj. 

Executive  Committee,  David  Hill,  Alanson  Beers,  Joseph  Gale ;  Supreme 
Judge,  A.  E.  Wilson  ;  Clerk  or  Recorder,  Geo.  W.  Le  Breton  ;  S/ieriff,  Joseph  L. 
Meek  ;    Treasurer,  W.  H.  Willson. 

Legislative  Committee,'^  Robert  Shortcss,  David  Hill,  Dr.  Robert  Newell,  Alan- 
son  Beers,  Thomas  Hubbard,  W.  H.  Gra}-,  James  O'Neil,  Robert  Moore  and  Will- 
iam Dougherty. 

Certificate. 

This  certifies,  that  David  Hill,  Alanson  Beers  and  Joseph  Gale  were  chosen 
executive  committee  of  the  territory  of  Oregon,  by  the  people  of  said  territory, 
and  have  taken  the  oath  for  the  faithful  performance  of  the  duties  of  their  office 
as  required  by  law.  GEO.  W.  LE  BRETON, 

Wali.amkt,  Oregon  Territory,  July  5,  1843.  Recorder. 

Note. — December  31,  1841,  the  number  of  Americans  was  about 4cx) 

British  subjects  of  all  classes  was  about 1,200 

The  immigration  of  1842  numbered 137 

The  immigration  of  1843  numbered 875 

—        1,412 

Total  - --  2,612 

I  At  the  meeting  of  July  5th,  the  above  legislative  committee  submitted  their  report,  which  was 
adopted  and  they  were  discharged,  and  then  the  executive  committee  was  elected  and  took  the 
oath  of  otfice. 


1844. 


'■r 


Caij.inc;  ok  I'l'Bi.ie  mke'i.nc,   by   Executive  Com^mitteman  Beers;  Pro- 
ceedings   OK    THE    meeting;     ORGANIZATION    OK    MILITARY   COMPANY  ; 

Letter  from  Captain  Keizer  ;  Ofeicers  oe  Provisionai.  Govern- 
ment; Meeting  ok  Legislative  Committee;  Message  ok  Executive 
Committee;  Law  in  regard  to  kree  Negroes  and  Mulattoes  ;  Sec- 
ond Meeting  ok  Legislative  Committee;  Executive  Committee's 
message;  Congressional;  Senator  Allen's  resolution  ;  Senators 
Moreiiead  and  Allen;  Mr.  Semple's  resolution;  Mr.  Allen's  res- 
olution dekeated;  Rep.  R.  D.  Owen's  resolution  ok  notification; 
President  Tyler's  special  message;  Debate  on  report  ok  commit- 
tee ;  Indiana  Legislature's  resolution;  Secretary  ok  War's  re- 
port; Senator  Dayton's  speech;  Louisville  Journal;  Christian 
Advocate;  Captain  Spaulding's  report;  Mr.  Buchanan;  John 
Dunn,  Dr.  Whitman's  letter  to  Secretary  ok  War;  His  proposed 
bill;  Secretary  ok  War's  cerTikicate;  Mr.  Benton's  prediction; 
Election  Returns  ok  1844. 


THK  settlements  in  Oregon  remained  in  quiet  and  peace  during 
the  remainder  of  1843,  and  up  to  March  4,  1844,  vi^hen  the  Cock- 
stock  affair  took  p>lace  as  before  mentioned.  Word  was  sent  to  the  Execu- 
tive Committee,  andMr.  Beers,  one  of  the  memliers,  immediately  issued 
a  proclamation  calling  a  general  meeting  of  the  citizens  at  the  resi- 
dence of  Mr.  Larshapell's,  at  French  Prairie,  on  the  9th  of  March,  to 
organize  a  military  company.     I  insert  the  proceedings  : 

March  9,  1844. 

The  citizens  of  Champoe^  district  met  at  the  house  of  Mr.  Larshapell,  in  ac- 
conhince  with  the  proclamation  of  tlie  Executive  Committee.  The  meeting  was 
called  to  order  by  one  of  the  Executive  Committee,  and  the  proclamation  was 
read. 

Upon  the  suggestion  of  the  executive,  it  was  moved  that  W.  H.  Willson  be 
chairman  of  this  meeting,  and  Mr.  T.  E.  Keizer  secretary. 

The  object  of  the  meeting  was  briefly  explained  by  Mr.  A.  Beers  and  the 
chairman.  Information  was  called  for  concerning  the  depredations  committed  at 
the  Willamette  Falls  on  the  4th  instant. 

Mr.  Beers  presented  an  officialletter  from  Dr.  Hill,  one  of  the  Executive  Com- 
mittee, which  was  read.    Statements  were  made  by  Mr.  Garrison  respecting  accounts 


}<■■ 
\ 


128 


brown's  poIvITical,  history. 


1844 


f 


received  from  otlier  sources  ;  and  a  letter  was  presented  by  the  United  States  sub- 
Indian  agent,  fioni  A.  L.  Lovejoy,  Esq.,  respecting  the  affair  of  the  4th,  which 
was  read.  Statements  were  made  by  the  Executive  Committee,  concerning  the 
steps  they  had  taken  and  the  orders  they  had  issued. 

On  motion,  the  United  vStates  sub-agent  was  requested  to  give  his  views  and 
advice  on  the  subject.  He  accordingly  related  his  proceedings  in  the  matter;  said 
"  he  was  unprepared  to  give  advice,  or  suggest  what  was  best  to  be  done  in  the 
present  case  ;  he  was  fully  aware  of  the  defenseless  state  of  the  cclony,  and  of  the 
dangers  to  which  we  were  exposed  ;  he  knew  the  character  of  the  Indian  that  was 
killed  to  be  of  the  vilest  kind ;  he  had  threatened  and  attempted  the  lives  of  citi- 
zens before,  and  he  had  made  an  unsuccessful  attempt  to  take  him  and  have  him 
punished  by  the  Cayuse,  to  avoid  the  danger  and  the  difficulty  tli  it  might  result 
from  the  whites  pnnisliiiig  him  themselves.  The  Indian  had  atte  .ipted  to  enlist 
the  Indians  at  the  Falls  to  burn  the  town,  and,  failing,  he  returned  across  the 
river,  and  the  citizens  attempted  peaceably  to  take  him.  In  the  affray,  three 
whites  were  wounded  and  one  Indian  killed."  The  agent  thought  a  more  efficient 
organization  of  the  territory  necessary. 

.Some  remarks  were  made  by  W.  H.  Gray,  and  a  resolution  offered  as  follows  : 

Resolved,  That  in  view  of  the  facts  presented,  we  deem  it  expedient  to  organize 
a  volunteer  company  of  mounted  riflemen  to  co-operate  with  other  companies,  to 
bring  to  justice  all  the  Indians  engaged  in  the  affiiir  of  the  4th  of  March,  and  to 
protect  our  lives  ~\\(\.  pfopc^y  in  future  against  any  depredations  that  may  be  at- 
tempted, which  was  carried  unanimously. 

Whereupon,  W.  H.  Gray  presented  some  articles  of  compact,  as  the  basis  of 
an  organization  of  a  volunteer  company,  which,  on  motion,  and  warm  expressions 
of  approbation  from  the  United  Stales  sub-agent,  were  adopted  and  immediately 
subscribed  to  by  nineteen  volunteers. 

The  articles  allowing  the  company  to  select  a  captain,  lieutenant  and  ensign 
as  soon  as  twelve  men  should  be  enlisted,  the  company  proceeded  to  elect,  by  nom- 
ination, their  officers,  to-wit :  For  captain,  T.  D,  Keizer;  first  lieutenant,  J.  L. 
Morrison  ;  ensign,  K.  James  Casen.  The  captain  gave  notice  to  the  company  of 
his  acceptance  of  his  appointment,  and  that  the  company  would  meet  at  the  Ore- 
gon Institute,  armed  and  equipped  according  to  the  art.icle3  of  compact,  on  the  nth 
of  the  present  month  for  company  drill. 

On  motion,  the  following  resolution  was  •ananimously  adopted  : 

Resolved,  That  this  meeting  recommend  to  our  fellow  citizens  of  this  terri- 
tory, to  organize  volunteer  companies  in  their  respective  districts  forthwith,  and  to 
rendezvous  at  the  Oregon  Institute  on  Saturday,  23d  inst.,  at  12  o'clock  M. 

Moved  that  the  proceedings  of  this  meeting  be  signed  by  the  chairman  and 
secretary,  and  as  much  of  them  as  is  deemed  proper  be  transmitted  to  other  dis- 
tricts.    Carried. 


On  motion,  adjourned. 

T.  U.  Kki/.icr, 

Secretary. 


W.  H.  WII^LSON, 

Chairman. 


For  some  reason,  the  Canadian  portion  of  the  connnunity  did  not 
organize  a  company,  and  there  is  no  record  of  any  other  organization 
of  a  similar  nature  in  the  territory  at  that  time. 


1 844 


PROVISIONAL   GOVERNMENT. 


129 


The  following  is  a  copy  of  the  compact,  or  articles  of  enlistment, 
and  the  names  of  the  members  of  the  company  as  they  appear  on  the 
rolls  at  the  meeting  of  the  same  at  the  Oregon  Institute. 

The  letter  of  Captain  Keizer,  which  is  published,  indicates  that 
all  was  not  harmonious  at  the  time.  On  Keizer's  resignation,  Charles 
Bennett  was  chosen  captain,  and  as  he  had  served  for  several  years  in 
the  United  States  army,  he  soon  had  a  good  company. 

Articles  of  Enlistment  for  the  Oregon  Rangers. 
PREAMBI.K.  Self  defense,  the  protection  of  property  and  life  being  one  of 
the  first  laws  of  nature  and  enforced  by  all  laws,  both  human  and  divine,  the  un- 
dersigned deem  it  important  and  indispensably  necessary  to  enter  into  a  compact 
for  our  mutual  protection  against  all  dangers  to  which  we  are  and  may  be  exposed 
while  resinents  of  Oregon  ;  to  be  governed  by  the  following  articles  of  compact 
and  agreement,  to-wit : 

Article  I.  This  body  shall  be  called  the  "  Oregon  Rangers,"  and  shall  have 
power  to  enlist  as  many  men  to  act  in  defense  of  the  lives  and  property  of  the 
citizens  as  shall,  from  time  to  time,  be  deemed  requisite  ;  and  also  to  call  the  same 
into  active  service  in  time  of  danger,  invasion  or  Indian  depredation,  by  order  of 
any  commissioned  officer  of  this  body  or  of  any  one  or  more  of  the  Executive  or 
I,egislative  Committees  of  the  territory,  in  all  cases  of  danger  to  the  lives  or  prop- 
erty of  any  of  the  citizens,  by  public  proclamation  or  otherwise. 

Art.  II.  As  soon  as  twelve  men  shall  be  enlisted  they  shall  be  entitled  to 
elect  a  captain,  lieutenant  and  ensign,  with  such  other  officers  as  the  company 
may  deem  requisite. 

Art.  III.  The  company,  when  organized,  shall  meet  at  the  place  designated 
by  the  captain,  or  in  his  absence  in  command,  as  often  as  shall  be  deemed  neces- 
sary b}'  the  executive  or  legislative  officers  of  the  Government,  and  also  meet  at 
the  command  of  the  conutiissioned  officers,  if  deemed  proper,  once  a  month  for 
inspection  and  military  exercise. 

Art.  IV.  Each  man  shall  be  equipped  with  a  good  rifle  a*  \  accoutrements, 
and  mounted  upon  a  good  horse  with  the  necessary  appendages  for  traveling  upon 
a  light  horse,  and  shall  be  entitled  fo  receive  for  each  day's  meeting  for  company 
drill,  one  dollar,  and  for  each  day  in  actual  service  in  case  of  invasion  or  pursuit  of 
Indians,  two  dollars  per  day,  and  shall  forfeit  twice  the  amount  per  day  to  the 
company  for  non-attendance.  All  such  forfeitures  may  be  collected  by  civil  suit, 
attachment  and  sale  of  property  as  by  law  provided. 

.Vrt.  V.  The  officers  of  this  company  shall  receive  a  charter  from  the  Colonial 
Government,  which  shall  allow  them  \.o  increase  the  number  of  companies  to  any 
numljer  that  may  be  deemed  necessary  for  the  protection  of  the  lives  and  property 
of  all  the  citizens  of  Oregon. 

Names. 

J.  L.  Morrison, 

Webley  Hauxhurst 

Peter  Brainanl, 

J.  M.  Garrison, 

Jas,  R,  Patterson, 

Chas.  IC.  Pickett, 

William  Martin, 

Lindsey  Applegate, 


Thos.  D.  Keizer, 
Isaac  Hutchens, 
John  Anderson, 
Nathan  Sittcn, 
Joseph  Hohnaii, 
John  Elmons, 
John  B.  Keizer, 
James  Martin, 
K.  James  Carson, 


Chas.  P.  Malt, 
Rich.  H.  Ekin, 
Joel  Turnham, 
Wm.  Delaney, 
John  Ford, 
Nimrod  Ford, 
David  Waldo, 
Wm.  Henry  Gray. 
Total,  twenty-five. 


.^i  y 


;i   I 


I! 


130 


BROWN  S   POLITICAL    HIvSTORV. 


1844 


I 


I  hereby  certify  that  the  persons  named  and  enlisted  agreeably  to  the  articles 
herewith  submited,  are  armed  and  equipped  and  ready  for  action. 
Given  under  my  hand,  this  i6th  day  of  March,  A.  D.  1S44. 

THOMAS  I).   KEIZER, 
Captain  Ore^'OTt  J^atiffets. 

Oregon  Territory,  Champooic  District,  April  29,  1844. 
To  His  Excellency — A.  Beers  : 

Dear  Sir:.  In  accordance  to  your  proclamation,  March  5th,  the  undersigned 
have  succeeded  in  enlisting  twenty-six  mounted  men  ;  and  this  our  third  company 
drill,  and  in  behalf  of  the  company,  we  take  the  liberty  of  asking  the  following 
questions : 

Was  there  any  cause  for  raising  these  troops,  and  is  there  any  need  of  these  troops 
knowing  their  chartered  limits  and  their  discretionary  powers  ?  Recollect  wc  are 
to  be  called  out  at  the  instance  of  any  one  of  the  commissioned  officers,  or  at  the 
instance  of  either  of  the  Executive  or  Legislative  Committees.  Where  is  our  char- 
tered liberties  of  drawing  on  your  military  stores  and  deposits  for  munitions  and 
provisions?  Or  where  is  our  liberty  of  making  out  pay  rolls  and  drawing  on  the 
treasury?  If  wo  had  the  chartered  liberties  that  brave  men  expect,  signed  by  the 
proper  officers,  with  the  seal  of  the  territory,  while  we  keep  in  the  bounds  of  that 
charter,  we  have  to  assume  no  responsibilities,  and  if  we  have  to  assume  responsi- 
bilities on  onr  own  expenses,  we  have  too  n.uch  soldier's  pride  to  be  made  mere  mock 
soldiers,  (iiving  the  words  of  the  great  Col.  Crockett  "Those  that  fight  on  their 
own  expenses  and  their  own  responsibilities  have  enough  to  do  to  fight  their  own 
battles,  commissions  not  excepted  " 

vSigned:  THOMAS  D.  KEIZER, 

J.  L.  MORRISON, 
PETER  HRAINARD. 

Officers  of  Provisional  Government. ' 

[Hlecteci  May  14,  1844.] 

Executive  Connnittee,  Peter  G.  Stewart,  Osborn  Russell,  W.  J.  Bailey  ;  Terri- 
torial Recorder,  Dr.  John  E.  Long  ;  Territorial  Treasurer,  Philip  Foster  ;  Terri- 
torial Sheriff,  Joseph  L.  Meek  ;  Supreme  Judge,  Dr.  Ira  L.  Babcock. 

Legislative  Committee. 

Tualatin  District,  Peter  H.  Burnett,  David  Hill,  INI.  IM.  McCarvcr,  M.Gil- 
more;  Klackamas,  A.  Lawrence  Lovejoy  ;  Cliainpag,  Daniel  Waldo,  T.  D.  Keizer, 
Dr.  Robt.  Newell. 

The  Legislative  Committee  met  at  Oregon  City,  June  iS,  1S44,  and 
organized  by  electing  M.  M.  McCarver,  speaker  ;  Dr.  John  E.  Long, 
territorial  recorder,  by  virtue  of  his  office  was  clerk. 

After  organizing,  a  committee  consisting  of  Messrs.  Burnett  and 
Lovejoy  were  appointed  to  wait  upon  the  Executive  Committee,  and 
informed  them  that  the  house  was  now  ready  to  receive  any  communi- 
tion  they  might  have  to  make.  The  Executive  Committee,  immedi- 
ately sent  the  following 


I  Election  returns  at  end  of  chapter. 


'M 


1844 


PROVISIONAL    GOVKRXMENT. 


MKSSAGK. 


131 


To  (he  honorable  Lei';islative  Assembly  of  Oregon  Territory  : 

Gi;N"ri<KMKN. — As  a  rising  colony,  under  no  immediate  external  control  or 
civil  protection,  we  have  abundant  reasons  for  rendering  our  thanks  to  the  Great 
Ruler  of  the  universe  for  His  parental  care  and  protection  over  us,  from  the  fifst 
entrance  into  this  country  unto  the  present  day.  And  it  becomes  us  humbly  to 
acknowledge  our  dependence  on  him  as  our  protector  and  preserver,  and  implore  a 
contitmation  of  his  care  and  watchfulness  over  us,  and  wisdom  to  direct  us  in  the 
discharge  of  the  duties  devolving  upon  us. 

This  country  has  been  populated  by  powerful  tribes,  but  it  has  pleased  the 
great  disposer  of  human  events  to  reduce  them  to  a  mere  shadow  of  their  former 
greatness,  thus  removing  the  chief  obstruction  to  the  ejitrance  of  civilization,  and 
opening  a  way  for  the  introduction  of  Christianity  where  ignorance  and  idolatry 
have  reigned  uncontrolled  for  many  ages.  There  have  perhaps  been  few  colonies 
planted  in  North  America  under  the  sam  ecircumstances  in  which  the  present  set- 
tlers of  this  territory  are  placed.  We  are  sitiiated  in  a  portion  of  the  country  re- 
mote from  civilized  nations,  among  the  few  remaining  savages  who  are  the  orig- 
inal proprietors  of  the  soil.  The  country  is  claimed  by  two  powerful,  civilized 
and  enlightened  nations,  proud  of  their  national  liberties,  and  jealous  of  their  re- 
spective rights  and  privileges.  It  is  obvious  that  these  claims  must  be  adjusted, 
and  the  soil  purchased  from  the  original  proprietors,  previous  to  any  right  being 
conferred  upon  the  citizens  of  those  governments,  relative  to  the  cultivation  of 
lands  in  this  territorj'.  The  Government  of  Great  Britain  has  never  publicly  ex- 
tended her  claim  so  far  south  as  to  include  the  lands  now  under  cultivation  in  this 
colony.  But  a  treaty  now  exists  between  that  Government  and  the  United  States, 
giving  to  each  party  the  right  of  mutual  occupancy  of  this  territory  in  relation  to 
the  Indian  trade. 

The  United  States  have  held  out  inducements  to  tiieir  citizens,  and  indirectly 
encouraged  the  settlement  of  this  country  by  them.  Consecjuently  we  are  now 
improving  the  coi'ntry  by  the  consent,  but  without  their  protection  ;  and  it  is  self- 
evident  that  ever}-  community  has  a  right  to  make  laws  for  their  mutual  lienefit 
and  protection,  where  no  law  exists.  It  was  under  these  impressions  that  the  set- 
tlers in  this  territory  established  a  form  of  Government  last  year,  and  adopted 
such  rules  and  regulations  as  were  at  that  time  deemed  necessary  for  the  protec- 
tion and  prosperity  of  the  colonv.  These  regulations  were  so  constructed  as  to  be 
altered  or  amended  by  a  legislative  assembly,  whose  members  were  to  be  chosen 
by  the  people  annually,  until  such  time  as  the  Goverimient  of  the  United  States 
shall  extend  their  jurisdiction  over  the  territory.  At  the  time  of  our  organization 
it  was  expected  that  the  United  States  would  have  taken  possession  of  the  country 
before  this  time,  but  a  year  has  rolled  around,  and  there  appears  little  or  no  pros- 
pect of  aid  from  that  quarter,  consequently  we  are  yet  left  on  our  own  resources 
for  protection.  In  view  of  the  present  state  of  affairs,  gentlemen  of  the  assembly, 
we  would  recommend  to  your  consideration  the  adoption  of  some  measures  for  a 
more  thorough  organization. 

Also  to  take  into  consideration  the  propriety  of  laying  a  light  tax  for  the  sup- 
port of  Government.  We  would  also  reconinioml  to  your  consideration  the  pro- 
priety of  vesting  the  executive  power  in  one  person  ;  and  the  impropriety  of  vest- 
ing the  power  of  supreme,  probate  and  district  judges  in  one  person  ;  and  the  ne 
cessity  of  having  an  individual  iudge  for  each  court.  W^e  would  recommend  ti.tiL 
such  of  the  laws  of  Iowa  as  have  or  may  be  adopted,  be  so  amended  as  to  suit  the 
circumstances  of  the  country.     That  the  militia  law  be  so  amended  that  military 


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132 


15KOVVX  S    POLITICAL    HISTORY. 


1844 


officers  hold  their  commission  during  good  behavior,  and  that  each  company  shall 
have  the  privilege  of  electing  their  (jwn  officers,  at  such  time  and  place  as  they 
shall  think  fit,  excepting  the  days  of  amiiial  review  ;  and  that  such  portion  of  the 
militia  law  of  Iowa  be  adopted  as  will  suit  all  the  circumstances  of  our  military 
organization. 

We  would  recommend  that  the  first  article  of  the  land  law  be  so  amended  as 
to  require  that  some  permanent  improvement  be  made  on  a  claim  before  record- 
ing, and  that  such  improvement  be  designated  on  record,  with  such  other  regula- 
tions relative  to  land  claims,  as,  in  the  opinion  of  this  assembly,  will  be  most 
beneficial  to  the  interests  of  the  public.  We  would  recommend  that  the  fourth 
article  of  the  land  law  be  repealed,  as  it  is  considered  detrimental  to  the  interests 
of  the  community.  We  would  recommend  that  commissioners  be  appointed  to 
locate  roads,  in  such  places  as  this  assembly  shall  deem  necessary  for  the  interests 
of  the  public,  and  that  a  law  be  enacted  for  the  purpose  of  establishing  ferries  at 
different  thoroughfares  crossing  the  Willamette  river. 

We  recommend  the  encouragement  of  the  means  of  education,  as  far  as  our 
limited  circumstances  will  allow.  We  would  also  recommend  that  the  laws  of 
Iowa  be  taken  into  consideration ,  concerning  blacks  and  mulattoes,  and  that  a 
law  be  enacted  for  the  punishment  of  offi'tiders  inciting  the  Indians  against  the 
whites,  and  regulating  the  intercourse  of  the  whites  among  the  Indians  of  this 
colony. 

And  in  conclusion,  we  desire  to  impress  upon  your  minds,  that  although  the 
colony  is  small,  and  its  resources  feeble,  yet  the  life,  rights,  and  liberties  of  an 
individual  here  are  of  equal  value  to  him  as  to  one  in'  the  city  of  Washington  or 
London.  And  it  is  a  duty  which  involves  on  you,  and  Si  us,  to  use  as  much  dis- 
cretion, vigilance  and  caution  in  maturing  and  adopting  measures  for  promoting 
the  interests  of  this  little  colonv,  as  if  we  expected  our  names  and  acts  would  be  en- 
rolled in  the  pages  of  history,  or  inscribed  on  pillars  of  stone,  when  our  day  and 
generation  shall  have  passed  away.  P.  G.  STKWART, 

Willamette  Falls,  June  18,  1844.  O.  RUSSELL, 

W.  J.  BAILEY, 

Execufii'C  Connnitlce. 

On  motion  of  Mr.  Newell,  a  resolution  was  adopted  thanking  the  committee 
for  their  message. 

The  Legislative  Committee  worked  faithfully  for  ten  days  and  then 
adjourned  until  December  16.  Among'  the  laws  that  they  passed  were 
two  that  became  historical  :  The  prohibition  law,  and  the  other  to 
prevent  Negroes  and  Mulattoes  from  residing  in  Oregon.  The  follow- 
ing is  the  vote  on  the  latter  bill  :  Yeas,  Messrs.  Burnett,  Gilmore, 
Keizer,  Waldo,  Newell  and  Mr.  Speaker  (McCarver) — 6.  Nays, 
Messrs.  Lovejoy  and  Hill, — 2. 

The  following  is  the  act  as  originallj-  passed  on  June  27,  1844,  and 

the  amended  act  as  passed  at  the  adjourned  session  in  the  following 

December. 

An  Act  in  regard  to  Slavery  and  Free  Negroes  and  Mulattoes. 

Be  it  enacted  by  the  Legislative  Coiiiinittee  of  Oregon  asfolloivs  : 

Section  i.  That  slavery  and  involuntary  servitude  shall  be  forever  prohib- 
ited in  Oregon. 


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Adjutant'  General 


REGOJV  TERRITORY, 

SK  FIIESEIVTS  SHALL  COME: 


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fxc^.     Wu.....  GEORGE  JinERJ\T/niY, 


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ni'  General 


WlnllalfiEi^SQ  %  <»«'  oj  '■^  Le-git/alure  of  ine  Tarritory  of  Orrgon,  approved  IQth  Dectmher  1847,  6ke 
Gvoemor  of  said  Terrilory,  teas  (viUi  other  pmrers)  authorised  tu  raise  a  regiment  ef  volunterr  rifemen  :  tehich  satd 
act  alto  auAnrited  Jesse  AppLEftATK,  A.  L.  Lovkjoy  a/j'i  G.  L.  Cvrky,  as  Commumioners,  to  negotiale  a  Jixin  met 
to  exceed  One  Hundred  Thousand  Dollars,  for  the  purpose  of  carrying  out  the  f.ovisioruKf  that  act,  and  to  pleiJge  the 
faith  of  t}ie  Territory  for  the  payn\ent  of  such  sum  as  might  he  so  negotiated,  toilhin  three  years  from  the  date  of  s(de^ 
loan  ufUess  sooner  discharged  try  the  Government  of  the  United  Stales.    And 

WHEREAS  the  said  commissioners  resigned  their  said  office  without  performing  nil  ilic  dniies  thereof-  And 
lVHEltJ£AS  by  act  of  the  Legislrrture  of  said  Territm-y,  approved  I'M  JDef  A.  D.  1?'47,   A.  L^Lovkjov,   Hvan  < 
Burns,  and   W.  H.   Wilson,  were  apjmnted  a  Board  of  Commissioners  to  fill  the  vacancy  caused  by  the  resignation 
of  said  former  Board  of  Commissioners,  clothed  with  the  same  powers,  and  subject  to  (he  same  restrictions  as   drfineU 
in  the  said  act,  approved  December  lOth,  A.   D.    1847. 


KNOW  ALL  MEN  BY  THESE  PRESENTS, 

IPISIAlP  WSj   A.   L.  LOVEJOY,  HUGH  BURNS,   and  W.  H.   WILSON,   Commissioners  of  the    Tern- 
toru  of  Oi-f^on,  acknowledge  that  the  Territory  qf  Oregon  is  held  and  stands  firmly  bound  unto     t^'I^r  ^  >f^./i,^-^l.     . 

Ot^vZ?  ■■^l<-~-  '"  '^^ -^" ''  '"*'^ ■'''*'  '^"'"  '^f'     l/'^TL-'— ■<-»-*--'x   —  <r^v^ t^£/—t 

dolfars,  with  interest  at  the  rate  of   /jL^-l^per  cent  per  annum,  to   be  paid   unto  the  said  ^^^Z^-^!*^^^^!* 

(7^1^ £^y^<-^            "T'^i-t?          Aftr5,  t'jecutori,  administrators  or  assigns,  for  the  payment  of  which,   well 
and  truly  to  be.  made,  we,  a.«   Commtssipners  aforesaid,  hind  the  Terjrilory  of    Oregon  firmly  by  these  pre.ients. 
Signed  with,  our  hands  and  sealed  with  our  seals,  this        /^'  day  of  t,...f^--^^^-^.^C^  ■  D.  184  O 
THE  CONDITIONS  of  the  above  obligation  are  such,  that  if  the  Government  of  the    United  States  shall  dis- 
charge the  said  sum  of    •/t.>-^-»„eX^     ^^ t^^l*—^ dollars,  with  the  interest,  within  three  years 

from,  the  date  hereof ;  or  if  the  Territory  of  Oregon  shal  pay  and  satisfy  the  same  vnthin  the  time  last  aforesaid,  then 
the  above  obligation  shall  he  void,  otherwise  remain  in  full  force  and  virtue. 


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1844 


PROVISIONAL   GOVERNMENT. 


133 


Sec.  2.  That  in  cases  where  slaves  shall  have  been,  or  sliall  be,  brought  into 
Oregon,  the  owners  of  such  slaves  respectively  shall  have  the  term  of  three  years 
from  the  introduction  of  such  slaves  to  remove  them  out  of  the  country. 

Sec.  3.  That  if  such  owner  of  such  slaves  shall  neglect  or  refuse  to  remove 
such  slaves  from  the  country  within  the  time  specified  in  the  preceding  section, 
such  slave  sliall  be  free. 

Sec.  4.  That  when  any  free  negro  or  mulatto  shall  have  come  to  Oregon,  he 
or  she  (as  the  case  may  be),  if  of  the  age  of  eighteen  or  upward,  shall  remove  from 
and  leave  the  country  within  the  term  of  two  years  for  males,  and  three  years  for 
females  from  the  passage  of  this  act ;  and  that  if  any  free  negro  or  mulatto  shall 
hereafter  come  to  Oregon,  if  of  the  age  aforesaid,  he  or  she  shall  quit  and  leave  the 
country  within  tin-  term  of  two  years  for  male  and  three  years  for  females  from 
his  or  her  arrival  in  the  country. 

Sec.  5.  That  if  such  free  negro  or  mulatto  be  under  age  aforesaid,  the  terms 
of  time  specified  in  the  preceding  section  shall  begin  to  run  when  he  or  she  shall 
arrive  at  such  age. 

vSec.  6.  That  if  any  such  free  negro  or  mulatto  shall  fail  to  quit  the  country 
as  required  by  this  act,  he  or  she  may  be  aiTested  upon  a  warrant  issued  by  some 
justice  of  the  peace,  and,  if  guilty  upon  trial  before  such  justice,  shall  receive  upon 
his  or  her  bare  back  not  less  than  twenty  nor  more  than  thirty-nine  stripes,  to  be 
inflicted  by  the  constable  of  the  y  iper  county. 

Sec.  7.  That  if  any  free  negiM  ormulato  shall  fail  to  quit  the  country  within 
the  term  of  six  months  after  receiving  such  stripes,  he  or  she  shall  again  receive 
the  same  punishment  once  in  every  six  moriths  until  he  or  she  shall  quit  the 
country. 

vSec  8.  That  when  any  slave  shall  obtain  his  or  her  freedom,  the  time  spec- 
ified in  the  fourth  section  shall  begin  to  run  from  the  time  when  such  freedom 
shall  be  obtained. 

When  the  same  Lt-gislative  Committee  met  again  on  December  16, 
the  Executive  Committee  made  the  following  recommendation  :  "  We 
would  recommeml  that  the  act  passed  by  this  assembly  in  June  last, 
relative  to  blacks  and  mulattoes,  be  so  amended  as  to  exclude  corporal 
punishment,  and  reqtiire  bonds  for  good  behavior  in  its  stead." — Ore- 
gon Laws  und  Archives,  p.  5S. 

At  this  session,  the  originator  of  the  above  law  stibraitted  the  fol- 
lowing as  amendator>'  : 

An  .\ct  amendatory  of  an  Act  j)assed  June  26,  1S44,  in  regard  to  slavery  and  for 

other  purposes, 
/)V  //  I'liar/i'i/  />]'  the  Lt'^islativc  Couimitlce  of  Oregon  as  follows  : 

vSiXTiON  1.  That  the  sixth  and  seventh  sections  of  said  act  are  hereby  re- 
pealed. 

Sec.  2.  That  if  any  such  tree  negro  or  mulatto  shall  fail  to  (juit  and  leave 
the  country,  as  reciuired  by  the  act  to  which  this  is  amendatory,  he  or  she  may 
be  arrested  upon  a  warrant  issued  by  some  justice  of  the  peace  ;  and  if  guilty  upon 
trial  before  such  justice  had,  the  said  justice  shall  issue  his  order  to  any  offi- 
cer competent  to  execute  process,  directing  said  otViccr  to  give  ten  days'  notice,  by 


'  fl 


:i  1 


134 


BROWN  S   POUTICAI,   HISTORY, 


1844 


ii 

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ii 


at  least  four  written  or  printed  advertisements,  that  he  will  publicly  hire  out  such 
free  negro  or  mulatto  to  the  lowest  bidder,  on  a  day  and  at  a  place  therein  specified. 
On  the  day  and  at  the  place  mentioned  in  said  notice,  such  officershall  expose  such 
free  negro  or  mulatto  to  public  hiring  ;  and  the  person  who  will  obligate  himself 
to  remove  such  free  negro  or  nmlatto  from  the  country  for  the  shortest  term  of 
service,  shall  enter  into  a  bond  with  good  and  sufficient  surety  to  Oregon,  in  apen- 
alty  of  at  least  one  thousand  dollars,  binding  himself  to  remove  said  negro  or  mu- 
latto out  of  the  country'  within  six  months  after  such  service  shall  expire  ;  which 
bond  shall  be  filed  in  the  clerk's  office  in  the  proper  county  ;  and  upon  failure  to 
perform  the  conditions  of  said  bond,  the  attorney  prosecuting  for  Oregon  shall 
commence  a  suit  upon  a  certified  copj-  of  such  bond  in  the  circuit  court  against  such 
delinquent  and  his  snr<it\tis.-^  Recollect  ions  and  Opinions  of  an  old  pioneer ,  by  P. 
H.  Burnett,  p.  21^. 

Both  of  these  laws  seem  to  have  been  entirely  nugatory.  First, 
they  did  not  go  into  effect  until  two  j^ears  after  their  passage  ;  Second, 
it  was  evident  that  there  were  none  who  would  insist  upon  the  fulfill- 
ment of  such  an  objectionable  law.  Mr.  Burnett  though  a  native  of  a 
slave  State,  was  not  in  favor  of  slavery  himself,  and  thought  it  would 
not  be  best  for  a  class  who  were  proscribed  on  account  of  color  and  so- 
cial condition  to  live  among  a  people,  who,  although  opposed  to 
slaverN^  would  not  allow  them  franchise  of  citizenship. 

I  have  not  been  able  in  one  instance  to  find  in  the  history  of  Oregon 
at  that,  or,  at  any  later  period  an  instance  in  which  the  law  was  or  at- 
tempted to  be  enforced.  It  was  practically  a  dead  law  on  the  statute 
books. 

The  Legislative  Committee  met  at  Oregon  Q\\.y,  Dec.  16,  1S44, 
pursuant  to  adjournment,  and  the  Executive  Committee  sent  the  fol- 
lowing 

MP^vSSAGE. 

To  the  honorable  the  Legislative  Committee  : 

GenTIvRmkn. — As  the  expectation  of  receiving  some  information  from  the 
United  States,  relative  to  the  adjustment  of  the  claims  of  that  Government  and  of 
Great  Britain,  upon  this  country,  was  the  principal  cause  of  the  adjournment  of 
this  assembly,  from  June  last  to  this  day,  we  feel  it  our  duty  to  communicate  such 
information  as  we  have  been  at)le  to  collect  on  tlie  subject,  and  likewise  to  recom- 
mend the  adoption  of  further  measures  for  the  promotion  and  security  of  the  in- 
terest of  Oregon. 

The  lines  defining  the  limits  of  the  separate  claims  of  the  United  States  and 
of  Great  Britain,  to  this  portion  of  the  country,  had  not  been  agreed  upon  when 
our  latest  advices  left  the  United  States — and,  as  far  as  we  can  learn,  the  (juestion 
now  stands  in  the  same  position  as  before  the  convention  in  London,  in  iiSiS,  At 
that  time,  the  United  States  Government  proposed  to  draw  the  division  line,  on  the 
49th  parallel  of  north  latitude,  from  the  Lake  of  the  Woods  to  the  Pacific  ocean. 
To  this.  Great  Britain  would  only  consent  in  part,  viz  :  That  the  line  should  run 
on  the  49th  parallel,  from  the  Lake  of  the  Woods  to  the  dividing  range  of  the 
Rocky  mountains  ;  and  it  was  fully  agreed  upon  between  the  parties,  and  that  all 


'  1' 


1 844 


PROVISIONAL   GOVERNMENT. 


135 


of  the  country  lying  west  of  the  Rocky  mountains  and  on  the  Pacific  ocean ,  should, 
with  its  harbors,  bays  and  rivers,  remain  open  for  ten  years  to  the  vessels,  sub- 
jects or  citizens  of  both  countries.  But  it  was  at  the  same  time,  expressly  under- 
stood, that  the  said  agreement  was  not  to  be  construed  to  affect  or  prejudice  the 
claims  of  eitaer  party,  or  any  other  power,  or  any  portion  of  said  country.  Before 
this  agreement  expired,  another  convention  was  held  in  London,  in  1827,  by  the 
two  contracting  powers  ;  by  which  the  former  treaty  was  extended  with  the  pro- 
visions, that  when  either  of  the  parties  thought  fit,  after  the  20th  of  October,  1828, 
to  abrogate  the  convention,  they  were  at  liberty  to  do  so,  by  giving  twelve  months' 
notice  to  the  other  contracting  party  ;  but  nothing  contained  in  the  treaty  of  1827, 
was  to  be  construed  so  as  to  effect  in  any  manner  the  claims  which  either  of  the 
contracting  parties  or  any  other  power,  might  have  to  any  of  the  country  lying 
west  of  the  Rocky  mountains. 

The  subject  has  again  been  called  up  for  investigation  by  the  two  powers,  and 
a  negotiation  was  begun  at  Washington  in  the  early  part  of  the  present  year,  but 
was  for  the  time  being  suspended  on  account  of  a  disagreement  Vietween  the  par- 
ties ;  aiid  notice  of  the  abrogation  of  the  convention  of  1827,  had  not  been  given 
by  either  party,  when  our  latest  information  left  the  United  States.  And  we  find 
that  after  all  the  negotiations  that  have  been  carried  on  between  the  United  States 
and  Great  Britain  relative  to  settling  their  claims  to  this  country,  from  October, 
1818,  up  to  May,  1844,  a  period  of  nearly  twenty-six  years,  the  question  remains 
in  the  following  unsettled  position,  viz  :  Neither  of  the  parties  in  question  claim 
exclusive  right  to  the  country  lying  west  of  the  Rocky  mountains  between  the 
parallels  of  42°,  and  54°  40'  north  latitude,  and  bordering  on  the  Pacific  ocean. 
But  one  claims  as  much  right  as  the  other,  and  both  claim  the  right  of  joint  occu- 
pancy of  the  whole,  without  prejudice  to  the  claims  of  the  other  State  or  Power 
to  any  part  of  said  country. 

We  have  submitted  to  you  this  information,  gentlemen  of  the  assembly,  for 
two  particular  reasons  :  i  st  —  To  correct  an  error  that  occurred  in  our  last  com- 
munication to  this  body,  relative  to  the  claims  of  the  United  States  and  Great 
Britain  to  this  country.  2d.  — That  you  may  bear  in  mind,  while  legislating  for  the 
people  of  Oregon,  the  position  in  which  this  country  stands  with  regard  to  these 
claims. 

We  would  advise  that  provision  be  made  by  this  body,  for  the  framing  and 
adoption  of  a  constitution  for  Oregon,  previous  to  the  next  annual  election,  which 
may  serve  as  a  more  thorough  guide  to  her  officers,  and  a  more  firm  basis  of  her 
laws.  It  should  be  constructed  in  such  a  manner  as  would  best  suit  the  local  situ- 
ation of  the  country  and  promote  the  general  interests  of  the  citizens,  without  in 
terfering  with  the  real  or  pretended  rights  of  the  United  States  or  Great  Britain  ; 
except  when  the  protection  of  life  and  property  actually  require  it. 

We  would  suggest  for  your  information,  that  this  Government  has  now  in  its 
possession ,  notes  given  by  different  individuals  residing  in  the  country,  amounting 
to  13,734  26,  most  of  which  are  already  due.  These  notes  are  a  balance  in  favor 
of  the  estate  of  Kwing  Young  of  Oregon,  deceased,  intestate,  A.  D.,  1840,  after  all 
legal  dues,  debts  and  damages  are  paid,  that  have  come  to  the  knowledge  of  the 
administrator,  or  probate  courts  of  Oregon,  up  to  date.  We  would  therefore  advise 
tliut  these  demands  should  l)e  collected,  and  appropriated  to  the  benefit  of  the 
country,  the  Government  being  at  all  times  responsible  for  the  payment  of  them 
to  those  who  may  hereafter  ajjpear  to  have  a  legal  right  to  the  same. 

We  would  again  call  your  attention  to  a  measure  recommended  in  our  last 
communication ,  to-wit :     The  expediency  of  making  provision  for  the  erection  of  a 


! 


136 


BROWN  S   POLITICAL   HISTORY. 


1844 


'  m  1 


public  jail  in  this  country.  Although  the  community  has  suffered  very  little  as 
yet  for  the  want  of  such  a  building,  and  perhaps  another  year  might  pass  without 
it  being  occupied,  which  is  to  be  hoped  might  be  the  case  ;  yet  we  are  assured 
that  it  is  better  policy  to  have  the  building  standing  without  a  tenant,  than  a  ten- 
ant without  the  building.  And,  in  order  to  promote  industry,  and  the  peace  and 
welfare  of  the  citizens  of  Oregon,  this  Government  must  be  prepared  to  discoun- 
tenance indolence,  and  check  vice  in  the  bud. 

We  would  recommend  to  your  consideration  the  propriety  of  making  provis- 
ions for  the  filling  of  public  offices  which  are  now,  or  may  become  vacant  or  other- 
wise, previous  to  the  next  annual  election. 

We  would  recommend  that  the  act  passed  by  this  assembly  in  June  last  rela- 
tive to  ^  lacks  and  mulattoes,  be  so  amended  as  to  exclude  corporal  punishment, 
and  require  bonds  for  good  behavior  in  its  stead. 

vVe  consider  it  a  highly  important  subject  that  the  executive  of  the  Govern- 
ment should  have  laws  which  may  direct  them  in  settling  matters  relative  to  lands, 
reserved  by  Indians,  which  have  been,  or  maybe  settled  upon  by  whites. 

We  would  recommend  that  provisions  be  made  for  the  support  of  lunatics  and 
insane  persons  in  Oregon. 

With  regard  to  the  state  of  the  treasury,  we  would  refer  you  to  the  treasurer's 
report  to  this  assembly. 

We  are  informed  that  the  number  of  emigrants  who  have  come  from  the 
United  States  to  this  country,  during  the  present  year,  amounts  to  upwards  of  750 
persons. 

W^e  would  recommend  that  the  act  passed  last  June,  defining  the  northern 
boundaries  of  Tuality  and  Clatsop  counties  be  so  explained  as  not  to  conflict  with 
the  act  passed  in  this  assembly  in  Jnne,  1843,  extending  the  limits  of  Oregon  to 
54^"  40',  north  latitude. 

And  we  would  suggest,  in  conclusion,  that  tc  preserve  the  peace,  good  order, 
and  kind  feeling  which  have  hitherto  existed  among  the  inhabitants  of  this  coun- 
try, depends  very  much  upon  the  calm  and  deliberate  judgment  of  this  assembly. 
And  we  sincerely  hope  that  Oregon,  by  the  special  aid  of  Divine  Providence,  may  set 
an  unprecedented  example  tothe  world,  of  industry,  moralit}  and  virtue.  And  al- 
though we  may  now  be  unknown  as  a  State  or  Power,  yet  we  have  the  advantages,  by 
united  efforts  of  our  increasing  population,  in  a  diligent  attention  to  agriculture, 
arts  and  literature,  of  attaining,  at  no  great  distant  day,  to  as  conspicuous  an  ele- 
vation as  anj'  State  or  Power  on  the  continent  of  America.  But,  in  order  to  carry 
this  important  measure,  and  arise  to  that  distinguished  station,  it  becomes  the 
duty  of  ever)-  citizen  of  this  country,  to  take  a  deep  interest  m  its  present  and  fu- 
ture welfare.  As  descendants  of  the  United  States  and  of  Great  Britain,  we  should 
honor  and  respect  the  countries  which  gave  us  birth  ;  and  as  citizens  of  Oregon, 
we  should  by  a  uniform  course  of  proceeding,  and  a  strict  observance  of  the  rules 
of  justice,  equity  and  republican  principles,  without  party  distinction,  use  our  best 
endeavors  to  cultivate  the  kind  feelings,  not  onl.v  of  our  native  countries,  but  of 
all  the  Powers  or  States  with  whom  we  may  have  intercourse. 

Wiij^ametTe;  FAIJ.S,  Dec.   16,  1844.  OSBORN  RUSSKLL 

P.  G.  STEWART, 
Executive  Committee  of  Oregon. 

The  Legislative  Committee  adjourned  on  Dec.  24,  1844,  after  enact- 
ing quite  a  ntimber  of  beneficial  laws. 


-Wf* 


'^l 


1844 


PROVISIPNAL   GOVERNMKNT, 


137 


Congressional. 

January  4,  (1S44"),  vSenator  Allcu's,  Oliio,  resolution  which  reads  as  follows  was 
taken  up  and  discussed  : 

Resolved,  That  the  President  be  requested  to  lay  before  the  Senate,  if  in  his 
judgment  that  may  be  done  without  prejudice  to  the  public  interest,  a  copy  of  any 
instructions  which  may  have  been  given  by  the  Executive  to  the  American  minis- 
ter in  England  on  the  subject  of  the  title  to  and  occupation  of  the  territory  of  Ore- 
gon since  March  4,  1841.  Also,  a  copy  of  any  correspondence  which  may  have 
passed  between  this  Government  and  that  of  Great  Britain  in  relation  thereto  since 
that  time. 

Mr.  Morehead  apprehended  its  adoption  might  create  a  precedent. 

Mr.  Allen  said  the  precedent  is  already  established  in  the  long  settled  practice 
of  this  body.  The  President  has  power  to  initiate  negoiiations  leading  to  treaties, 
but  they  must  be  consummated  here.  The  President  has  no  absolute  power  over 
their  conclusion.  *  *  The  late  British  treaty  should  admonish  us,  that 
the  Senate  must  act  in  time,  and  interfere  while  negotiations  are  pending.  The 
impending  calamity  must  be  arrested  in  time.  The  discussions  of  the  British 
treaty,  which  took  place,  and  could  be  alluded  to  without  impropriety.  He  would 
ask  the  senators  what  was  the  strongest  argument  in  favor  of  the  ratification  of 
this  treaty  ?  The  argument  was,  that  the  Executive  had  acted  and  the  country 
was  compromitted,  and  that  the  calamity  of  a  rejection  of  a  treaty  wovdd  be  as 
great  as  of  its  ratification.  That  treaty  was  negotiated  almost  under  the  eye  of  the 
Senate — certainly  within  reach  of  its  arm.  A  treaty  that  was  repugnant  to 
the  sense  of  a  majority  of  the  senate  was  ratified  here  by  a  vote  of  two-thirds.  It 
was  done  because  every  Senator  felt  himself  bound  to  vote  in  compliance  with  the 
case  that  was  made  to  them.  Could  it  be  supposed  that  representatives  of  sover- 
eign vStates  would  agree  to  a  treaty  by  which  a  portion  of  one  of  their  number  was 
thrown  out  of  the  Union,  and  given  to  a  foreign  power  ?  Wc  lost  a  part  of  the  ter- 
ritory of  Maine  the  moment  we  yielded  to  negotiation,  though  we  had  unani- 
mously declared  that  it  belonged  to  us.  We  agreed  to  ne^'otiate,  and  then  it  be- 
came necessary  that  somebody  should  pay  the  cost  of  a  negotiation,  and  so  they 
split  the  country  in  dispute  between  the  two  parties.  We  have  had  experience  and 
warning  enough  in  the  history  of  that  treaty,  by  which  the  benate  were  forced  to 
sacrifics  the  interests,  and,  I  believe,  the  honor  of  the  country,  to  induce  us  to  be 
more  watchful  and  prompt  in  the  discharge  of  our  duties  hereafter.  How  is  it 
with  the  Oregon  negotiations  ?  I  hdve  seen  the  official  debates,  wherein  it  is  re- 
ported that  on  March  21,  1S43,  Lo'd  Palmerston  said  "There  was  another  bound- 
ary question  still  pending,  relative  to  what  was  called  the  Oregon  territory.  Wl.at 
had  happened  lately  in  t'tiat  question  ?  The  .Senate  of  the  United  States  had  pro- 
posed a  bill  for  taking  possession  of  that  entire  territory,  and  the  Senator  wli  j  in- 
troduced the  bill  observed  that  Great  BritaiTi  would  acciuiesce  in  the  right  of  the 
United  States  to  the  territory  when  the  subject  should  be  brought  before  her  "n 
what  the  .Senator  was  pleased  to  call  a  proper  manner.  It  was  i)ossil)le  that  th.? 
bill  might  not  pass;  but  if  it  did  pass,  and  became  a  law,  and  was  acted  on,  it  would  bf; 
a  declaration  of  war."     Mr.  Allen  then  read  : 

"The  question  of  the  Oregon  boundary,  said  .Sir  Robert  Peel,  is  not  adjusted, 
aad  it  is  not  necessary  that  I  should  address  the  house  upon  it.  Our  Government 
was  not  so  open  to  p-ipular  influences  as  that  of  the  United  States.  But  we  have 
no  intelligence  that  the  bill  alluded  to  had  becomi-  a  law.  We  had  proposed  to 
that  Government  some  means  by  which  the  adjustment  of  the  Oregon  (juestion 
could  be  effected,   and   we  had  met  no  repulse.     We  had,   on  the  contrary,  re- 


1i 


I 


138 


BROWN  S    POLITICAL,    HISTORY. 


1844 


'■      * 


ceived  assurances  that  the  Government  was  anxious  to  bring  it  to  an  adjustment. 
But  we  are  dealing  with  the  executive  branch  of  the  Government,  and  not  with  the 
legislative.  If  the  bill  alluded  to  should  pass,  it  was  impossible  for  the  Executive 
to  give  it  his  sanction,  after  the  assurance  given  to  this  Government  on  this  sub- 
ject." 

After  considerable  debate,  the  further  consideration  was  postponed 

until  the  following  Monday. 

January  8,  Mr.  Seniple,  of  Illinois,  submitted  the  following  which  lies  over  : 

Resolved.  That  the  President  of  the  United  States  be  requested  to  give  notice 
to  the  British  Government  that  it  is  the  desire  of  the  Government  of  the  United 
States  to  annul  and  abrogate  the  provisions  of  the  third  article  of  the  convention 
concludt'd  between  the  Government  of  the  United  States  of  America  and  His  Bri- 
tannic Majesty  the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  on 
the  20th  of  October,  1818,  and  indefinitely  continued  between  the  same  parties, 
signed  at  London  the  6th  of  August,  1827. 

Mr.  Allen  submitted  the  following  which  lies  over  : 

Resolved,  That  the  President  be  requested  to  inform  the  Senate,  if  it  be  in  his 
power  to  do  so,  whether  any  of  the  Indian  tribes,  or  any  of  the  Indians  residents 
within  the  territorial  limits  of  the  United  States,  are  in  receipt,  periodically  or  oc- 
casionally, of  any  pension,  pay  or  presents,  in  money  or  in  other  things,  from  the 
British  C-overnmeut ;  and  if  so,  that  he  be  requested  to  state  the  particulars ;  also, 
whether  the  Government  of  the  United  States  has  had  any  correspondence  with 
the  British  Government  in  relation  to  the  matter ;  and  in  that  event,  that  he  be  re- 
quested to  lay  before  the  Senate  a  copy  of  such  correspondence. 

The  senate  then  proceeded  to  the  consideration  of  the  resolution 
heretofore  submitted  by  Mr.  Allen,  and  the  debate  was  taken  part  in  by 
several  of  the  senators  ;  the  western  members  advocating  the  same,  the 
eastern  and  southern  opposing,  and  it  was  defeated,  yeas,  14  ;  nays,  31, 

January  4.  Rep.  Robert  Dale  Owen,  of  Indiana,  submitted  the  following 
which  was  referred  to  committee  on  foreign  affairs  : 

Resolved,  That  in  accordance  with  the  provisions  of  the  second  article  of  a 
convention  between  the  United  States  of  America  and  the  King  of  the  United 
Kingdom  of  Circat  Britain  and  Ireland,  of  Sept.  6,  1827,  continuing  indefinitely  the 
provisions  of  the  third  article  of  the  convention  of  Oct.  20,  1818,  relative  to  the 
joint  occupancy  by  Great  Britain  and  the  United  vStatcs  of  America  of  certain  lands 
on  the  northwest  coast  of  America,  westward  of  the  Gtony  mountains,  commonly 
called  the  territory  of  Oregon,  tlic  President  of  the  United  States  l)e  requested  to 
give  due  notice  of  twelve  months  to  the  Government  of  Great  Britain,  that,  after 
the  expiration  of  the  said  term  of  notice,  the  United  States  of  America  will  annul 
and  abrogate  the  said  convention  of  Sept.  6,  1827,  so  continuing  the  provisions  of 
the  third  article  of  the  conventiv)n  of  Oct.  20,  1818,  a"^  aforesaid. 

The  following  message  from  the  President  was  received  by  the 
House  of  Representatives. 

To  the  House  of  Representatives  of  the  United  States. — In  answer  to  the  reso- 
lution of  the  House  of  Representatives  of  lolh  inst.,  requesting  the  President  to 
communicate  to  that  body  "  copies  of  all  correspondence  with  any  foreign  Govern- 


■^■^w 


wm. 


1844 


PROVISIONAL   GOVERNMENT. 


139 


ment  relative  to  title,  boundary,  fliscovery  aiul  settlement,  of  the  territory  of  Ore- 
gon." I  have  to  state  that  the  information  called  for  by  the  house,  has  been  al- 
ready, from  time  to  time,  transmitted  to  Congress,  with  the  exception  of  such  cor- 
respondence as  has  been  held  within  the  last  few  months  between  the  Department 
of  State  and  our  minister  at  London  ;  that  there  is  a  prospect  of  opening  a  negoti- 
ation on  the  suljject  of  the  northwest  boundary  <.)f  the  United  States  immediately 
after  the  arrival  at  Washington  of  the  newly  appointed  British  minister,  now 
daily  expected  ;  and  that,  under  existing  circumstances,  it  is  deemed  inexpedient, 
with  a  view  to  the  public  interest,  to  furnish  a  copy  of  the  correspondence  above 
mentioned.  JOHN  TVLKR. 

Washington,  Jan.  16,  1844. 

January  23.  Rep.  C.  J.  Ingersoll,  of  Pennsylvania,  from  the  committee  on  for- 
eign affairs,  to  whom  had  been  referred  the  joint  resolutions  introduced  by  Mr. 
Owen,  requesting  the  President  to  give  notice  of  twelve  months  to  the  British 
Government  of  the  intention  of  the  United  States  to  put  an  end  to  the  conven- 
tion for  the  joint  occupancy,  etc.,  reported  the  following  : 

/Resolved,  As  the  opinion  of  the  committee,  that  it  is  'nexpedicnt  for  Con- 
gress at  this  time,  to  act  in  any  manner  upon  the  subject  rcerred  to  in  said  reso- 
lution. ^ 

Mr.  Owen,  of  Indiana,  moved  to  amend  by  substituting^  for  it  the  original  res- 
olution which  he  had  introduced.  Mr.  O.  said  that  this  territory  was  one-third  as 
large  as  the  original  thirteen  States  of  the  Union.  Tht  convention  for  its  joint  oc- 
cupancy was  made  in  1818.  In  1824,  Mr.  Adams  being  secretary  of  state,  and  Mr. 
Rush,  minister  at  London,  there  W3S  an  attempt  unsu-jcessfully  made  to  settle  the 
subject ;  also  two  years  later  there  was  another  attfjipt,  Mr.  Clay  being  secretary 
of  state,  and  Mr,  Gallatin,  minister.  In  a  letter  from  liie  former  to  Mr.  Gallatin, 
Mr.  Clay  said,  "  nor  is  it  concluded  that  Great  i?ri*din  has  or  can  make  out  even  a 
colorable  title  to  any  portion  of  the  territory  on  the  northwest  coast."  Mr.  Clay 
had  doubtless  examined  the  subject  and  understood  it,  and  Mr.  O.  pledged  him- 
self to  prove  that  the  title  of  the  United  States  to  tliat  whole  territory  was  perfect, 
unquestionable,  undeniable,  according  to  international  law — as  clear  as  that  of  any 
man  on  this  floor  to  the  plantation  or  farm  he  owned.  Mr.  O.  then  went  on  to 
condemn  strongly  the  instructions  given  by  Mr.  Clay  shortly  afterwards  to  the 
same  minister  to  negotiate  away  one-half  of  the  territory,  and  that  too  in  a  spirit 
of  concession  and  compromise.  Mr.  O.  strongly  reprobated  such  concession 
and  expatiated  upon  the  increased  arrogance  and  extent  of  British  claim  which 
ensued  upon  that  demonstration.  Every  concession  weakened  a  claim,  and  the 
American  claim  had  been  weakened  by  concession  upon  this  subject.  He  con- 
ceived that  our  best  statesmen  had  been  misled  by  the  position  then  taken.  Mr. 
Calhoun  vas  quoted  and  complained  of  for  yielding  so  much  as  he  had  upon  this 
subject. 

The  morning  hour  having  expired,  the  house  resolved  itself  into 
committee  of  the  whole,  and  spent  the  rest  of  the  day  in  discussing  an 
abolition  resolution  from  the  Massachu.setts  legislature. 

January  24.  On  motion  of  Mr.  Owen,  the  house  resolved  itself  in  the  com- 
mittee of  the  whole,  on  the  amendment  offered  by  Mr,  'ngersoU. 

Mr.  Owen  arose  and  concluded  his  remarks  and  strongly  animadverted  upon 
the  passage  of  Mr.  Calhoun's  speech  on  the  Oregon  ciuesiion  made  last  session, 
wherein  as  quoted  "it  follows  that  the  portion   of  territory  really  in  dispute  be- 


ilH 


140 


BROWN'S    FOLITICAt    HISTORY. 


1844 


tween  the  two  countries  is  about  three  deprees  of  latitude."  Mr  Owen  feared  that 
if  Mr.  I'akenham  had  read  that  speech,  he  would  come  i)rcpared  not  to  discuss  the 
question  whether  Orej^on  belonged  to  us  or  (ireat  Britain,  but  the  question  how 
these  three  degrees  of  latitude  should  be  parcelled  out.  What  could  be  expected 
from  negotiations  commenced  under  such  auspices?  He  knew  that  they  were  told 
in  the  message  of  the  President,  that  our  minister  at  London  had  again  brought 
this  subject  to  the  consiieratiou  of  that  Governtiient.  I  am  sorry  for  it.  Twice 
had  we  approached  Great  Hritain  in  a  spirit  of  liberal  concession  ;  twice  had  she 
rejected  our  terms.  The  objection  that  had  been  made,  he  presumed  by  the  com- 
mittee on  foreign  affairs  to  this  resolution  was,  that,  if  adopted,  it  would  cast  diffi- 
cultics  in  the  way  of  this  negotiation.  Hut  if  nothing  reasonable  was  to  be  expec- 
ted from  such  a  negotiation,  why  should  objection  be  made  on  that  ground? 
From  the  past  he  judged  the  future.  That  which  had  baffled  the  talents  of  Henry 
Clay  and  the  perseverance  of  the  honorable  gentleman  from  Massachusetts  (J.  Q. 
Adams),  he  trusted  he  might  be  permitted  to  doubt  whether  John  Tyler  would 
succeed  in  effecting. 

But  a  further  objection  would  be  made  that  this  joint  resolution,  this  notice  to 
Great  Britain,  might  be  offensive  to  her,  and  might  become  a  cause  of  war.  If  to 
give  notice  to  Great  Britain  that  she  could  no  longer  occupy  with  us  the  valley  of 
the  Columbia — if  that  were  a  cause  of  war,  then  war  must  come  ;  it  might  come 
sooner,  it  might  come  later ;  but  come  it  must  at  last.  Would  they  check  the  em- 
igration to  Oregon  ?  How  ?  Would  they  build  up  along  the  summit  range  of  the 
Rocky  mountains  a  Chinese  wall  of  demarkation,  and  say  to  the  spirits  of  the 
western  wilderness  "  thus  far  shalt  thou  go  and  no  further,  and  here  shall  your  on- 
ward progress  be  stayed  ?'  When  they  could  control  the  mountain  eagle  on  his 
upward  course  to  the  sun  ;  when  they  could  check  the  wild  horse  of  the  prairie  in 
his  impetuous  career  ;  when  they  could  quench  in  the  bird  of  passage  that  instinct 
which  bids  her  up  and  away,  then  they  might  expect  to  set  mete  and  Sound  to  the 
spirits  of  the  west  this  side  of  the  Pacific.  Oregon  is  our  land  of  promise,  our  land 
of  destination.  "  The  linger  of  nature, "  had  pointed  it  out.  Two  thousand  Amer- 
ican citizens  are  already  indwellers  of  her  valley  ;  5,0(X),  and  it  may  be  twice  5,000 
will  have  crossed  the  mountain  passes  before  another  year  rolls  around.  While 
we  are  legislating  they  are  emigrating  and,  whether  we  legislate  or  not,  they  will 
emigrate  still.  If  Great  Britain  was  governed  by  principles  of  justice  and  equity, 
she  could  find  no  cause  of  offense  in  the  notice.  But  if  it  was  her  intention  to  re- 
sist if,  as  a  leading  I/ondon  journal  (not  a  ministerial  organ,  however)  had  lately 
asserted,  she  was  resolved  to  arm  the  Indian  tribes  in  her  cause — if  that  were  the 
policy  she  intended  to  pursue,  why  then  this  resolution  might  be  voted  down  ;  the 
bill  of  the  gentleman  from  Miss  .luri  might  be  defeated  ;  they  might  depart  from 
these  halls  and  do  nothing  for  the  settlers  of  the  valley  of  the  Columbia,  yet  let 
that  threat  be  carried  into  effect.  Let  these  Indians  be  armed,  let  the  first  blood 
follow  the  blow  of  the  tomahawk,  and  would  th(.  people  wait  their  tardy  legislation 
before  they  rr  bed  to  rescue. 

Let  the  news  of  a  massacre  on  the  banks  of  the  Columbia  pass  over  our  land,  and 
their  "armed  occupation"  project  for  the  protection  of  Oregon  would  be  but  an 
idle  form.  It  soon  would  be  occupied — armed  occupation,  too.  By  whom  ?  Not 
by  smooth  chinned,  neatly-trimmed,  and  uniformed  cadets  from  West  Point,  but 
by  veteran  pioneer  men  from  whom  old  age,  though  it  whitened  tlu.ir  locks,  could 
not  steal  their  .strength  and  fire ;  by  fierce  young  hunters,  who  had  heard  the  war- 
whoop  in  their  cradles,  who  burned  to  avenge  the  death  of  their  fathers  ;  by  par- 
ties of  Nimrod  hunters,  who,  with  their  belts  at  their  arm  and  their  musket  on 


Tf^f 


r»^i 


1844 


PROVISIONAL   GOVERNMKN'T. 


141 


their  shoulder,  feared  nothing,  white,  red  or  hhick,  in  the  shape  of  man.  What  a 
spectacle.  A  distinguished  Hritish  statesman  had  well  said,  "  he  who  vindicates 
the  honor  of  his  country  vindicates  its  dearest  interests  ;  for  he  who  vindicates  its 
honor  preserves  its  peace."  When  we  make  a  nio\c,  let  it  be  an  efTect- 
ual  one.  It  was  worse  than  idle  to  patch  up  a  hollow  truce.  They  knew 
public  opinion  told  them — that  wc  must  have  the  valley  of  the  Columbia  ;  but  we 
must  occupy  it  alone  ;  wc  must  extend  our  jurisdiction  over  it.  A  bill  to  that 
effect — and  not  only  that,  but  making  grants  o*"  lands  to  actual  settlers — had  passed 
the  Senate  at  it"  last  session.  It  was  very  possible  that  such  a  bill  would  pass  at 
the  present  session  ;  it  certainly  would  before  long.  *  *  *  Before  this 
government  promised  possession  to  others,  it  ought  first  to  take  measures  to  ob- 
tain it  wholly  ourselves.  The  treaty  pointed  out  how  this  might  be  done,  and  the 
present  resolution  declared  that  it  should  be  done.  Then  all  scruples  would  be 
over,  and  wc  might  erect  the  territory  into  a  free  and  independent  State — destined 
as  he  trusted  to  a  long  career  of  prosperity  and  glory,  and  to  preserve  and  perpetuate 
those  noble  institutions  to  which  we  owed  our  own  strength  and  happiness  as  a  people 
— destined,  though  prairie  and  wilderness,  and  mountain  might  intervene,  to  be- 
come one  with  us  in  sentiment  and  habit,  in  feeling,  and  in  creed. 

Mr.  Thomasson,  of  Kentucky,  agreed  with  Mr.  Calhoun,  that  there  was  no  ne- 
cessity for  immediate  action  upon  this  subject.  The  pioneers  would  soon  be  strong 
enough  in  Oregon  to  take  possession  of  the  territory  for  themselves. 

Mr.  Wentworth,  of  Illinois,  was  opposed  to  the  policy  of  the  Government  and 
Great  Britain,  and  was  for  taking  speedy  possession  of  the  territory. 

By  general  consent,  the  matter  was  passed  over  for  the  present. 

February  5.  Senator  Hannegan  presented  the  following  joint  resolutions  from 
the  State  legislature  of  Indiana  : 

Whereas,  The  district  of  country  known  as  the  territory  of  Oregon  right- 
fully belongs  to  our  National  Government  ;  and  whereas,  the  insatiate  avarice  and 
grasping  spirit  of  the  British  Government  seems  already  directed  to  its  subjugation 
and  conversion  ;  and  whereas,  the  slightest  infringement  of  national  right  is  a  pre- 
lude to  more  high-handed  and  audacious  aggresion  ;  therefore 

Be  it  resolved,  That  our  senators  in  Congress  be  instructed  and  repiesenta- 
tives  requested  to  use  their  proper  instrumentality  to  provide  for  the  immediate 
occupation,  organization,  and  defeuce  of  Oregon  territory,  "peaceably  if  wc  can, 
forcibly  if  we  must." 

Mr.  Hannegan  said  he  was  happ\^  to  say  that  the  resolution  had  passed  with 
singular  unanimity,  both  branches  of  the  legislature  having  adopted  it  without  a 
dissonting  voice.  At  a  proper  time  he  would  take  an  opportunity  to  address  the 
senate  on  this  subject,  and  would  uow  content  himself  with  simply  moving  that 
the  resolution  be  laid  on  the  table  and  printed — agreed  to. 

Mr.  Atchison,  of  Missouri,  presented  a  memorial  from  sixty  or  seventy  emi- 
grants to  Oregon,  who  say  that  they  have  been  driven  from  the  territory  by  the 
Hudson's  Bay  Company. 

February,  q.  During  a  debate  to  purchase  1,500  copies  of  Robert  Greenhow's 
book  on  Orel'  a,  a  great  deal  of  interest  was  manifested  in  regard  to  Oregon. 

Mr.  Archer,  of  Virginia,  said  the  senator  from  Missouri  (Mr.  Benton),  was 
thoroughly  informed  while  other  senators  were  not. 

Mr.  Buchanan  said  he  would  never  agree  to  relinquish  one  foot  of  Oregon. 
Our  claim  to  that  territory  could  be  substantiated  by  the  treaty  of  Utrecht  only  as 


.J! 


iiiiii' 


i     • 


f         :i 


li^ 

w 

1 

:: 

1 

,>', 

142 


HUOWN  S    rOLITICAI,    HISTORY 


1844 


far  as  the  49°,  If  wv  rested  our  claim  on  discovery,  it  would  not  extend  beyond 
the  valU-y  of  the  ()ri')^on.  Hut  if  our  claim  is  j^ood  as  this  hook  shows  us,  it  rests 
on  the  old  vSpanish  cli'.ini.  This  work  presents  translated  copies  of  old  vSpanish 
voyaj^es  and  documents,  proving  their  title  and  thus,  also,  ours,  hy  abundant  tes- 
timony, up  to  54°  40'  to  a  certainty,  and  beyond  that,  but  for  our  treaty  with 
Russia. 

Mr  Henton  —  As  to  the  character  of  our  title  to  Oregon,  there  was  a  much 
broadtr  and  clearer  claim  than  any  menticjiied  in  this  book,  on  which  we  rested. 
We  settled  the  territory.  The  settlement  of  it  was  the  basis  of  our  claim.  lie 
could  show  that  our  settlement  was  of  a  date  prior  to  that  of  the  Hritish.  The 
British  never  saw  or  heard  of  the  Ore.i^on  till  we  discovered  it,  and  put  the  badge 
of  our  sovereignty  upon  u.  Ihen  Great  Britain  jumped  down  upon,  and 
now  she  was  going  to  fight  out  her  claim.  He  would  assure  the  gentlemen  that 
we  were  not  going  to  have  another  northeastern  boundary  (juestion  ol'  this.  It 
was  not  another  Massachusetts  and  Maine  (juestion.  There  was  to  be  no  trembling 
and  j'ielding  in  this  case,  as  there  was  in  the  former  one.  No  trembling  hearts 
were  to  be  found  in  the  west.  This  was  a  western  question,  and  the  west  had  a 
regard  for  national  honor.  *  *  *  "  Before  long  I  will  make  a  speech 
on  the  Oregon  question  for  myself." 

On  motion  the  subject  was  postponed  for  the  present. 

Secretary  of  war,  J.  M.  Porter,  in  hi  iunual  report  dated  Novem- 
ber 30,  1843,  uses  the  following  language  in  regard  to  surveying  the 
route  to  Oregon  and  establishing  military  posts  along  the  same,  which, 
evidently,  was  the  policy  advanced  by  Dr.  Whitman  to  that  officer, 
and  i^  ,t  had  been  carried  out  by  the  Government  woidd  have  saved 
the  emigrants  of  after  years  great  suffering  and  danger  : 

By  the  commencement  of  topographical  surveys  west  of  the  Mississippi,  it  is 
thought  that  assn'-^iice  has  been  given  of  their  prosecution.  The  results,  as  far 
as  ascertained,  are  highly  satisfactory  and  creditable  to  the  scientific  gentlemen 
in  charge  of  the  respective  works.  It  is  hoped  that  the  surveys  already  com- 
menced on  the  Platte  and  Kansas  rivers  may  be  prosecuted,  and  that  means  may 
be  furnished,  and  authority  given  to  construct  a  road  through  the  lands  belonging 
to  the  United  States,  so  as  to  afford  a  safe  and  expeditious  route  for  emigrants  to 
the  Oregon  territory.  This  could  l)e  done  at  a  mo<lerate  expense,  as  there  would, 
generally,  be  little  to  do  more  than  to  survey  and  mark  out,  and  construct  bri<lges 
over  the  large  streams.  The  survey  should  also  embrace  the  proper  positions  of 
militarj-  posts  which  will  be  found  necessarj-  for  the  purposes  of  keeping  the  In- 
dians in  order,  preventing  misconduct  in  trading  among  them,  and  furnishing 
security  to  travelers  crossing  the  Rocky  mountains.  At  these  military  posts  set- 
tlements would  soon  be  formed,  and  travelers,  instead  of  encountering  the 
troubles,  inconveniences  and  dangers  of  a  long  joun:ey  through  a  wilderness, 
would  find  themselves  enjojnng  on  the  whole  route,  the  comforts  and  security  of 
civilized  life." 

Senator  W.  L.  Dayton,  of  New  Jerse}^  on  Februarj^  23d,  made  a 
long  speech  against  the  resolution  of  notification,  and  reviewed  the 
whole  question  in  a  partial  and  biased  manner,  and  brought  up  all  the 
disparaging  articles  that  had  been  published  about  Oregon.     The  fol- 


1 844 


PROVISIONAL   GOVKRNMENT. 


•43 


lowing  are  two  articles  that  he  read.  The  former,  from  the  Louisville 
foiirih'il,  .shows  a  deiiseness  of  ignorance  that  is  simply  appalling,  and 
if  the  writer  is  still  living,  he  certainly  must  blush  at  the  manner  in 
which  he  spoke  of  a  district  of  country  that  now  comprises  three  as 
prosperous  states  as  there  are  in  the  Union.     Mr.  Dayton  said  : 

I  trust  I  may  Lv  pardoiit-d  here  for  reiidtiij(  ati  extract  from  a  western  paper 
of  recent  date — [.ouisvillc  Jourual — republished  in  the  Xatiomil  Intclligoicer^  of 
this  city.  Here  it  is  :  "  What  there  is  in  the  territory  of  Orej^'oii  to  tempt  our 
national  cupidity,  no  one  can  tell.  Of  all  the  countries  on  the  face  of  the  earth, 
it  is  one  of  the  least  favored  of  Heaven.  It  is  the  mere  riddling  of  creation.  It 
is  almost  as  barren  as  the  desert  of  Africa,  and  quite  as  unhealthy  as  the  Cam- 
pania of  Italy.  To  leave  the  fertile  and  salubrious  lands  on  thisside  of  the  Rocky 
mountains  and  to  go  beyond  their  snowy  summits  a  thousand  miles,  to  be  exiled 
from  law  and  society,  and  to  endeavor  to  extort  food  from  the  unwilling  sand 
heaps  which  are  there  called  earth,  is  the  maddest  enterprise  that  has  ever  de- 
luded foolish  man.  We  would  not  be  subjected  to  the  innumerable  and  indescrib 
able  tortures  to  a  journey  to  Ore^  -  for  all  the  soil  its  savage  hunters  ever  wan- 
dered over.  The  journey  thither,  from  all  accounts,  is  horrible  enough,  but  it  is 
piaradisean  when  contrasted  with  the  wasting  miseries  which  beset  the  wretched 
eungrant  when  he  has  reached  a  point  where  he  fancied  his  unutterable  woes  were 
to  cease,  but  where  lu-  finds  they  are  to  be  increased  beyond  all  endurance.  Of 
the  last  party  of  emigrants  that  left  Missouri  for  Oregon,  only  eight  died  of 
starvation  before  reaching  I'ort  Hall,  which  is  half  way  to  the  country  that  is 
reckoned  inhabitable  by  those  who  are  afllicted  with  the  Oregon  mania. 

"All  the  writers  and  travelers  agree  in  representing  Oregon  as  a  vast  extent  of 
mountains  and  valleys  of  sand  dotted  over  with  green  and  cultivable  spots.  This 
is  the  representation  given  by  Cox,  Bonneville,  Farnham  and  Hinds.  Now  that 
such  a  wretched  territory  should  excite  the  hopes  and  the  cupidity  of  citizens  of 
the  United  States,  inducing  them  to  leave  comfortable  '-oiiies  for  the  heaps  of 
sand  is,  indeed,  passing  strange.  Ru.ssia  has  her  vSiberia,  and  England  has  her 
Botany  Bay,  and  if  the  United  States  should  ever  use  a  country  to  which  to  ban- 
ish its  rogues  and  scoundrels,  the  utility  of  such  a  region  as  Oregon  will  be 
demonstrated."  Mr.  Dayton  said,  I  read  the  extract  without  adopting  the  senti- 
ments as  to  the  character  of  the  country  in  the  full  extent ;  but  this  description 
in  a  paper  of  the  west  so  widely  circulated  as  the  f.ouisviUc  Journal,  is  evident  to 
my  mind  that  public  sentiment  there  in  behalf  of  the  settlement  of  Oix-gon  is  not 
so  universal  as  some  gentlemen  have  presented  it.  I  desire  here  to  (hsclaim  any 
intention  to  burlesque  till;  subject  or  feelings  of  senators  who  seem  to  be  extremely 
sensitive  upon  the  point.  With  the  permission,  theiefore,  of  the  senate,  I  will 
call  attention  to  another  extract  of  a  grave  tone,  and  from  a  paper  above  all 
exception.  I  read  from  the  C/irisiian  .Idx'ocate  of  the  yth  of  this  month  (Feb- 
ruary): "  The  west  has  land  enough  yet  to  settle  and  improve  at  home.  The 
population  cannot  be  so  crowded  for  half  a  century  to  come  as  to  be  willing  to 
incur  the  liorrors  of  war  to  acquire  waste  lands  on  the  other  side  of  the  globe. 
Indeed,  when  we  take  into  view  the  inducements  which  must  be  offered  to  a 
people  circumstanced  as  the  inhabitants  of  the  western  states  and  territories  are, 
in  order  to  induce  them  to  emigrate  and  compare  them  with  the  Oregon  territory 
presents,  we  should  be  inclined  to  think,  the  representation  of  their  feelings  as 
having  been  made  on  very  insufficient  grounds.  We  have  some  opportunity,  from 
our   position,  to  form   a  correct  estimate  of  the  soil,  clirrite,  productions  and 


t 

\ 

If  ''ll! 


1 .  11 

'       i! 


I  :  I' 


i;  'it 


I 


i  I  :' 


144 


hrown's  political  history. 


1844 


facilities  of  the  country  from  the  Rocky  mountains  to  the  Pacific  ocean,  as  we 
have  had  a  large  mission  there  for  several  years,  distributed  in  small  parties  over 
the  territory;  and,  from  all  we  have  learned,  we  should  prefer  migrating  to 
Botany  Bay.  With  the  exception  of  the  lands  on  the  Wallamette,  and  strips 
along  a  few  of  the  smaller  water  courses,  the  whole  is  among  the  most  irreclaim- 
able barren  wastes  of  which  we  have  read,  except  the  desert  of  Sahara.  Nor  is 
this  the  worst  of  it.  The  climate  is  so  unfriendly  to  human  life,  that  the  native 
population  has  dwindled  away,  under  the  ravages  of  its  malaria,  to  a  degree  which 
defies  all  history  to  furnish  a  parallel  in  so  wide  a  range  a  country  ;  and  the  scat- 
tered remnants  of  the  wandering  tribes  of  Indians  who  still  remain  exhibit  a 
degree  of  decrepitude,  loathsome  disease  and  moral  degradation  which  is  un- 
known among  any  other  portion  of  the  aborigines.  So  entirely  sunken  and  sub- 
dued are  these  wretched  people,  and  so  rapid  has  been  their  decay,  that  they  pre- 
dict their  own  annihilation  from  the  '  cold  sickness,'  as  they  have  learned  to  call 
the  ague,  which  is  a  prominent  symptom  of  the  terrible  malady  which  annually 
visits  them  in  all  their  wanderings." 

Mr  Day  toil  then  proceeded  to  argue  that  the  country  was  not  worth 

contenaing  for,  it  was  18,000  miles  by  the  way  of  Cape  Horn  and  5,000 

across  the  continent,  and  entirely  too  far  for  any  practical  use,  and  the 

long  journey  by  teams  was  a  great  undertaking;  and  as  to  building  a 

railroad,  he  says  : 

"The  power  of  steam  has  been  suggested.  Talk  of  steam  commimication — 
a  railroad  to  the  mouth  of  the  Columbia  ?  Why,  look  at  the  cost  and  bankrupt 
condition  of  railroads  proceeding  almost  from  your  capitol,  traveling  your  great 
thoroughfares.  A  railroad  across  2,500  miles  of  prairie,  of  desert,  and  of  mount- 
ains !  The  smoke  of  an  engine  through  those  terrible  fissures  of  that  great  rocky 
ledge,  where  the  smoke  of  the  volcano  has  rolled  before  !  Who  is  to  make  this 
vast  internal,  or  rather  external  improvement?  Whence  is  to  come  the  power  ? 
Who  to  supply  the  means?  The  mines  of  Mexico  and  Peru  disembowled  would 
scarcely  pay  a  penny  on  the  pound  of  the  cost.  Nothing  short  of  the  lamp  of 
Aladdin  would  suffice  for  such  an  expenditure.  The  extravagance  of  the  sugges- 
tion seems  to  me  to  outrun  (jverythi.ig  which  we  know  of  modern  scheming.  The 
South  Sea  bubble,  the  Dulchnian's  speculation  !ii  tulip  roots,  our  own  in  town  lots 
and  niulticanlis,  are  a'l  commonplace  plodding  in  comparison." 

The  above  is  a  specimen  of  Mr.  Dayton's  argutnent  through  fifteen 
columns  of  the  G/o/je,  using  ridicule  in  place  of  arijument  in  many  jjlaces. 
It  is  strange  that  men  with  the  ability  of  senators  Dayton  and  Choate, 
and  po.ssessing  such  opportauities  of  informing  themselves  at  that  late 
day  in  history  and  geo^raph}-,  should  use  such  language,  without 
heeding  the  mighty  achievem^'uts  that  were  even  then  being  inaugu- 
rated. Within  two  dr?ades  of  the  time  in  which  they  spoke  railroads 
spanned  the  continent  i;.  several  places,  with  parallel  lines  of  telegraph; 
a  cable  con\-eyed  iu-L  .igence  beneath  the  (jcean's  waves,  while 
in  less  than  fifty  ytnrs  from  that  date,  half  a  dozen  States  were  admit- 
ted into  the  Union  all,  with  one  excption  formed  out  of  country  only 
to  be  compared  to  Botany  Bay. 


■'M    4 


1844 


PROVISIONAL   GOVERNMENT. 


145 


Mr.  Breese  in  reply  to  Messrs.  Dayton  and  Choate  brought  forward 
considerable  evidence  that  was  apparently  new,  but  as  this  debate  is 
growing  so  long,  I  will  only  give  one  of  his  quotations  : 

"Captain  Spaulding,  who  visited  Oregon  in  1S41  says:  '  The  colony  of  the 
United  States  is  situated  on  the  Willamette,  a  branch  ot  the  Columbia,  about  ninety 
miles  from  its  mouth,  which  is  undoubtedly  the  finest  grazing  and  wheat  coxmtry 
in  Oregon  ;  at  present  it  consists  of  seventy  families,  who  raise  considerable  grain, 
and  have  about  3,000  head  of  cattle.  The  mission,  last  year,  raised  1,000  bushels 
of  wheat,  and  made  butter,  chee-e,  &c.,  for  their  own  use.  They  have  ^00  head  of 
cattle,  and  200  horses,  and  last  year  they  sowed  400  bushels  of  wheat,  120  of  peas, 
and  planted  a  large  quantity  of  potatoes  and  vegetables  of  every  description.  They 
have  bogs,  poultry,  &c.,  in  abundance.  Last  year  they  raised  over,  1,500  bushels 
of  potatoes.  The  extent  of  the  country  comprising  the  Willamette  valley  is  about 
300  miles  long,  and  200  broad,  interspersed  with  ravines  of  wood,  generally  of  suf- 
ficient quantities  for  fuel  and  fencing.  The  land,  in  its  natural  state  is  ready  for 
the  plough,  and  is  very  fertile,  producing  from  25  to  40  bushels  of  wheat  to  the 
acre,  and  the  climate  so  mild  that  the  cattle  subsist  in  the  fields  without  fodder, 
or  shelter  of  any  kind  being  prepared  or  provided  for  them  through  the  winter. 
Salmon  can  be  taken  at  Willamette  falls  (  which,  however  the  British  have  taken 
possession  of,  and  compelled  our  people  to  build  mills  at  the  falls  above  )  with  lit- 
tle trouble  from  May  to  September,  in  almost  any  quantity.  I  have  no  hesitation 
in  saying  that  10,000  barrels  might  be  taken  per  annum.  Probably  noplace  in  the 
world  offers  greater  inducements  to  emigrants.  Provisions  might  readily  be  pro- 
cured to  support  1,000  emigrants  at  any  time.'  " 

To  the  speech  of  Mr.  Dayton,  Senator  Buchanan,  of  Pennsylvania,  said  :  "  I 
feel  deeply  impressed  with  the  importance  of  the  qucoUuu  under  discussion,  and 
for  the  necessity  which  exist  for  its  speedy  adjustment.  My  conviction  is  strong 
that  a  peaceful  settlement  of  this  question  can  only  be  accomplished  by  prompt 
but  prudent  action  on  the  part  oT  this  Government.  We  are  all  anxious  that  it 
should  be  settled  in  peace  ;  yet  I  am  firmly  convinced  that  the  mode  by  which 
Senators  on  the  other  side  desire  this  end  will  utterly  fail.  .Vlready  we  are  send- 
ing numerous  emigrants  every  year  across  the  Rocky  mountains  ;  we  are  sending 
them  without  the  protection  of  law,  and  without  the  restraint  of  civil  government. 
We  must  send  them  laws  and  a  regular  form  of  Government.  We  must  take  them 
under  our  protection  if  we  would  prevent  collisions  lictween  them  and  ihe  British 
occupants — the  servants  and  people  of  the  Hudson's  Bay  Company.  This  we  must  do, 
if  we  would  preserve  peace  between  the  two  naLioUs.  Mr.  Buclianan  said  he  cared  lit- 
tle as  to  the  mere  form  of  the  resolution.  "  This  I  shall  say  however,  we  ought  not 
to  expect  the  President,  under  existing  circumstances,  to  assume  the  responsibility 
of  giving  the  proposed  notice  for  the  terminating  of  treaty  of  joint  occupancy, 
without  the  sanction  of  both  houses  of  Congress.  The  treaties  of  i8i8and  1827,  are 
the  law  of  the  land.  The  third  article  of  the  convention  of  the  2t)th  of  October, 
1818,  and  extended  in  1827,  subject,  however,  to  the  condition,  that  either  of  the 
parties  '  on  giving  due  notice  of  twelve  months  to  the  other  contracting  party, 
might  'annul  and  abrogate  tliis  convention.'  The  question  is,  shall  we  a<lvise 
the  President  to  give  this  notice?  If  our  Government  sliould  give  this  notice  it 
would  restore  eacli  party  to  its  original  rights.  The  northern  boundary  of  Mexico, 
on  the  Pacific  is  the  forty-second  parallel  of  nortli  latitude.  By  separate  trea*.ies 
between  the  United  States  and  Russia,  and  Great  Britain  and  Russia,  this  pcwer 
has  relinquished  all  claim  to  any  territory  on  the  northwest  coast  of   America, 


f' 


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III    'iiil 


MfH 


II 


146 


brown's  politicai.  history. 


1844 


south  of  tlie  latitude  of  54°  40'.  The  territory  in  dispute  embraces  that  vast  region 
extending  along  the  Pacific  ocean,  from  the  42°  of  north  latitude  to  54°  40'  north, 
and  running  east  along  these  respective  parallels  of  latitude  to  the  summit  of  the 
Rocky  mountains.  Now,  sir,  to  the  whole  of  this  territory — to  every  foot  of  it — I 
believe  most  firmly  that  we  have  a  clear  and  conclusive  title." 

This  debate  was  long  and  acrimonious,  and  Senator  Buchanan  referr- 
ed to  the  celebrated  Oswald  map,  on  which  was  marked  the  boundary 
in  a  broad  red  line  between  the  United  States  and  Canada,  drawn  by 
Mr.  Oswald,  who  was  the  British  Commissioner  at  Paris  who  made  the 
preliminary  treaty  in  1782,  which  was  confirmed  in  1783.  This  map 
was  marked  by  order  of  King  George  III,  and  written  upon  in  the 
King's  own  hand,  "this  is  the  boundary  line."  After  the  death  of 
King  George  III, the  map  was  removed  to  the  private  office  in  the  foreign 
office  and  there  kept  secretly.  By  this  low  trickery  of  the  British 
ministry,  they  were  enabled  to  secure  a  much  more  advantageous  treaty 
in  regard  to  territory  and  stragetical  points  in  case  ot  war.  Some  of 
the  Senators  were  inclined  to  doubt  the  statement,  but  Mr.  Buchanan 
produced  the  proof  by  an  official  report  of  the  Parliamentary  debates, 
but  it  was  too  late  to  repair  the  defect. 

The  truth  is,  that  for  some  reason,  our  negotiators  were  never  equal 
to  the  British  agents,  and  then  to  add  still  more  to  our  disgrace,  Con- 
gress itself  seemed  indifferent,  and  would  at  any  period  spend  ten  times 
more  time  in  discussing  an  abolition  petition  or  any  other  question 
where  the  everlasting  "  nigger"  would  appear  than  the  interest  of  a 
domain  that  has  since  proved  to  be  more  than  a  hundred  times  as  valu- 
able. The  history  of  Congressional  action  in  regard  to  the  Pacific 
coast  from  the  earliest  days  of  the  rise  of  our  interest,  up  to  our  admis- 
sion as  a  State,  has  been  a  disgrace  to  any  Government,  and  especially 
to  ours.  Neglected  for  years  while  struggling  to  overcome  British  in- 
fluence, exerted  through  the  Hudson's  Bay  Company,  compelled  to 
carry  on  a  war  and  conquer  a  savage  tribe  of  Indians,  without  assist- 
ance. Even  when  compelled  by  dire  necessity,  an  appeal  was  made, 
we  were  left  to  struggle  as  best  we  could,  while  the  Government 
to  pander  to  a  domineering  southern  majority  declared  an  unjust  war 
on  a  friendly  nation  and  robbed  it  of  a  vast  and  valuable  territory  for 
the  purpose  of  creating  a  new  slave  State  in  order  to  keep  a  political 
equilibrium. 

The  action  of  our  Government  even  after  territories  were  organized 
was  anything  but  just  and  equitable.  When  the  savage  Indians  at- 
tacked the  settlements  and  brought  on  war,  the  volunteers  were  not 
paid  justly  for  service  or  material  furnished,  and  to  this  day  payment 


1 844 


PROVISIONAL    GOVERNMENT. 


147 


is  resisted  for  property  destroyed  b}-^  the  Indians.  This  indiflference  of 
our  Government  allowed  the  Hudson's  Bay  Company  to  rob  the  coun- 
try of  over  $30,000,000  in  furs  during  the  time  that  they  possessed  the 
country  under  joint  occupancy,  and  came  near  turning  the  whole  pos- 
session over  to  the  British  Government,  instead  of  that  portion  now 
known  as  British  Columbia,  that  justly  belonged  to  the  United  States 
according  to  the  treaty  of  Utrecht. 

Mr.  John  Dunn,  who  was  for  eight  years  a  clerk  of  the  Hudson's 
Bay  Company,  during  most  of  that  time  being  stationed  at  Fort  Van- 
couver, returned  to  England  in  1844,  and  in  a  book  published  that 
same  year,  speaking  of  the  immigrants  coming  to  Oregon  says  : 

"  Though  several  parties  have  penetrated  into  Oregon  from  the  United  States, 
through  the  Rocky  mountains,  yet  it  may  be  safely  asserted,  from  concurrent  tes- 
timony of  trappers  and  traders,  and  settlers,  who  have  themselves  passed  these 
natural  barriers,  that  the  difficulties  are  so  numerous  and  formidable,  and  the  time 
necessary  for  the  passage  so  long,  that  there  is  no  secure,  expeditious  or  commodi- 
ous track,  which  can  ever  be  used  as  a  highway  to  afford  facilities  for  an  influx 
of  emigrants  overland.  Several  routes  have  been  tried  of  late,  and  each  differs 
only  from  the  other  in  the  privations  which  the  passengers  undergo.  None  but 
the  wild  and  fearless  trappers  can  clamber  over  these  precipices,  and  tread  these 
deserts  with  security;  and  even  these  are  quiting  them  as  haunts,  and  now  using 
them  only  as  unavoidable  tracks.  It  is  true,  there  have  been  published  more  favor- 
able accounts  within  the  last  year  or  two  by  p  irties  who  have  made  the  journey 
safely,  and  who  encourage  others  to  make  a  similar  experiment.  But  these  ac- 
counts are  in  such  a  spirit  of  bravodo,  and  accompanied  with  expressions  of  thank- 
fulness by  the  parties  for  tlieir  own  success,  that  they  are  indirect  proofs  of  the 
difficulties  and  danger  of  the  undertaking,  and  of  the  utter  hopelessness  of  such  a 
rente  for  general  purposes.  For  hundreds  of  miles,  the  several  tracks  present 
nothing  but  frightful  barrenness  under  foot,  and  overhead,  scorching  heat,  or  pierc- 
ing cold.  The  country  even  west  of  the  Rocky  mountains,  is  broken  with  tower- 
ing cUffs,  deep  ravines,  and  sunken  streams,  from  which  the  traveler  cannot  draw 
a  drop  to  allay  his  burning  thi.st ;  and  the  soil  is  either  sandy,  in  which  he  sinks 
at  every  step  ;  or  of  a  black,  rugged  stone,  which  tears  his  feet.  The  travelers 
have  been  obliged  to  feed  on  the  lean  carcasses  of  their  animals,  which  have  died 
from  hunger,  thirst  or  fatigue." 

It  seems  strange  that  Dunn  should  write  in  that  strain  when  he 
ought  to  have  known  that  emigrants  had  successftiUy  crossed  the  plains 
two  years  before  (  1842).  But  his  whole  book  was  written  in  that 
spirit ;  everything  English  was  good, — everything  American  bad, 
who  indulged  in  braggadocio  and  bordering  on  robbery  atid  other  dis- 
reputable conditions  of  affairs. 

There  has  been  considerable  discussion  whether  Dr.  Marcus  Whit- 
man went  to  Washington  City  at  the  time  he  made  his  celebrated 
winter  trip  (  1842-3),  across  the  motintains.     The  following  letter  on 


I       i! 


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148 


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file  in  the  war  department  written  to  Secretary  of  War,  James  M,  Por- 
ter, in  the  handwriting  of  Dr.  Whitman  should  settle  the  question  that 
he  was  at  that  city,  and  undoubtedly  had  interviews  with  the  President 
and  most  of  his  cabinet.  On  the  original  is  the  endorsement,  ' '  Mar- 
cus Whitman,  enclosing  synopsis  of  a  bill,  with  his  views  in  reference 
to  importance  of  the  Oregon  Territory,  War  382,  Rec.  June  22,  '44." 

This  document  was  copied  from  the  original  by  Hon.  Henry  H. 
Gilfry. 

To  the  Honorable  Javies  M.  Porter,  Secretary  of  War : 

Sir: — In  compliance  with  the  request  you  did  me  the  honor  to  make  last 
v.-inter  while  at  Washington,  I  herewith  transmit  you  the  synopsis  of  a  bill  which, 
if  it  could  be  adopted,  would,  according  to  my  experience  and  observation,  prove 
highly  conducivr  to  the  best  interests  of  the  United  States  generally,  to  Oregon, 
where  I  have  resided  for  more  than  seven  years  as  a  missionary,  and  to  the  Indian 
tribes  that  inhabit  the  intermediate  country. 

The  Government  will  doubtless  now  for  the  first  time  be  apprised  through 
you  and  by  means  of  this  communication,  of  the  immense  migration  of  families 
to  Oregon  which  has  taken  place  this  year.  I  have,  since  our  interview, 
been  instrumental  in  piloting  across  the  route  described  in  the  accompanying 
bill,  and  which  is  the  only  eligible  wpgon  road,  roless  than  [21x3]  families  consist 
ing  of  1,000  persons  of  both  sexes,  with  their  wagons,  amounting  in  all  to  more 
than  120,  694  oxen  and  973  loose  cattle. 

The  emigrants  are  from  different  states,  but  principally  from  Missouri,  Arkan- 
sas, Illinois  and  New  York.  The  majority  of  these  are  farmers  lured  by  the  pros- 
pects of  Government  bounty  in  lands,  by  the  reported  fertility  of  the  soil  and  by 
the  desire  to  be  first  among  those  who  are  planting  our  institutions  on  the  Pacific 
Coast. 

Among  them,  also,  are  artisans  of  every  trade  composing,  with  farmers,  the 
very  btst  material  for  a  new  colony.  As  pioneers,  these  people  have  undergone 
incredible  hardships,  and  having  now  safelj'  passed  the  Blue  mountain  range  with 
their  wagons  and  effect,  have  established  a  durable  road  from  Missouri  to  Oregon, 
which  will  serve  to  mark  permanently  the  route  for  larger  numbers  each  succeed- 
ing year,  while  they  have  practically  demonstrated  that  wagons  drawn  by  horses 
or  oxen  can  cross  the  Rocky  mountains  to  the  Columbia  river,  contrary  to  all  the 
sinister  assertions  of  those  who  pretended  it  to  be  impossible. 

In  their  slow  progress  these  persons  have  encountereil,  as  in  all  former 
instances,  and  as  all  succeeding  emigrants  must,  if  this  or  some  similar  l)ill  be  not 
passed  by  congress,  the  contiimal  fear  of  Indian  -.iggression ,  the  actual  loss 
through  them  of  horses,  cattle  and  other  property,  and  the  great  labor  of  trans- 
porting an  adetjuate  amount  of  provisions  for  so  long  a  journey.  The  bill  here- 
with proposed  would  in  a  great  measure  lessen  these  inconveniences  by  the  estab- 
lishment of  posts  which,  while  they  pos.sessed  power  to  keep  the  Indians  in  check, 
thus  doing  away  with  the  necessity  of  constarit  military  vigilance  on  the  part  of 
the  traveler  by  day  and  night,  would  be  able  to  furnish  them  in  transit  with  fresh 
supplies  of  provision,  diminishing  the  original  burdens  of  the  emigrants  and 
finding  thus  a  ready  and  profitable  market  for  their  produce,  a  market  that  would, 
in  my  opinion  more  than  suflice  to  defray  all  the  current  expenses  of  such  posts. 
The  present  party  are  supposed  to  have  expended  no  less  than  two  thou,sand  dol- 


!  'imm 


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PROVISIONAL   GOVERNMENT. 


149 


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lars  at  Laramie's  and  Bridger's  forts,  and  as  much  more  at  Fort  Hall  and  Fort 
Boise,  two  of  the  Hudson  Bay  Company's  stations.  These  are  at  present  the  only 
stopping  places  in  a  journey  of  twenty-two  hundred  miles,  and  the  only  places 
where  additional  supplies  can  be  obtained,  even  at  the  enormous  rates  of  charge 
called  mountain  prices,  /.  <?.  fifty  dollars  the  hundred  for  flour,  and  fifty  dollars 
the  hundred  for  coffee,  the  same  for  sugar  and  powder,  etc. 

Many  cases  of  sickness  and  some  deaths  took  place  among  those  who  accom- 
plished the  journey  thi.s  season,  owing  in  a  great  measure  to  the  uninterrupted 
use  of  much  salt  and  fish  with  flour,  which  constitute  the  chief  articles  of  food 
they  are  able  to  carry  in  their  wagons,  and  this  would  be  obviated  by  the  vegetable 
productions  which  the  posts  in  contemplation  could  ver}-  profitably  afford  them. 
Those  who  rely  upon  hunting  as  an  auxiliary  support,  are  at  present  unable  to 
have  their  arms  repaired  when  out  of  order;  horses  and  oxen  become  tender 
footed  and  require  to  be  shod  on  this  long  journey,  sometimes  repeatedly,  and  the 
wagons  repaired  in  a  variety  of  ways.  I  mention  these  as  valuable  incidents  to 
the  proposed  measure,  as  it  will  al.so  be  found  to  tend  in  many  other  incidental 
ways  to  benefit  the  migratory  population  of  the  United  States  choosing  to  take 
this  direction,  and  on  these  accounts,  as  well  as  for  the  immediate  use  of  the 
posts  themselves,  they  ought  to  be  provided  with  the  necessary  shops  and 
mechanics,  which  would  at  the  same  time  exhibit  the  several  branches  of  civil- 
ized art  to  the  Indians. 

The  outlay  in  the  first  instance  must  be  but  triflng.  Forts  like  those  of  the 
Hudson  Bay  Company,  surrounded  by  walls  enclosing  all  the  buildings,  and  con- 
structed almost  entirely  of  adobe,  or  sun-dried  bricks  with  stone  foundations 
only,  can  be  easily  and  cheaply  erected.  There  are  very  eligible  places  for  as 
many  of  the.se  as  the  Government  will  find  necessary,  at  .suitable  distances,  not 
further  than  one  or  two  hundred  miles  apart,  at  the  main  crossing  of  the  principal 
streams  that  now  form  impediments  to  the  journey,  and  con.sequently  well  sup- 
plied with  water,  having  alluvial  bottom  lands  of  a  rich  quality  and  generally 
well  wooded.  If  I  might  be  allowed  to  suggest  the  best  sites  for  said  posts,  my 
personal  knowledge  and  observation  enable  me  to  recommend  first,  the  main 
cros.sing  of  the  Kansas  river,  where  a  ferry  would  be  very  convenient  to  the 
traveler  and  profitable  to  the  station  having  it  in  charge:  Next,  and  about  eighty 
miles  distant,  the  crossing  of  JUue  river,  when  in  times  of  unusual  freshet,  a  ferry 
would  in  like  manner  be  useful.  Next,  and  distant  from  one  hundred  to  one 
hundred  and  fifty  miles  from  the  last  mentioned,  the  Little  Blue  or  Republican 
fork  of  the  Kansas.  Next,  and  from  sixty  to  one  hundred  miles  distant  from  the 
last  mentioned,  the  point  of  intersection  of  the  Platte  river.  Next,  and  from  one 
hundred  to  one  hundred  and  fifty  miles  distant  from  the  last  mentioned,  the  cross- 
ing of  the  South  Fork  of  Platte  river.  Next,  and  about  one  hundred  and  eighty 
or  two  hundred  miles  distant  from  the  last  mentioned.  Horse  Shoe  creek,  which 
is  about  forty  miles  west  of  Laramie  I'\)rk  in  the  Black  Hills.  Here  is  a  fine 
creek  for  mills  and  irrigation,  good  land  for  cultivation,  fine  pasturage,  timber 
and  stone  for  building.  Other  locations  may  be  had  along  the  Platte  and  Sweet- 
water, on  the  Green  river  or  Black's  or  Ham's  fork,  on  the  Bear  river  near  the 
great  soda  springs,  near  I-'ort  Hall  and  at  suitable  places  down  to  the  Columbia. 
These  localities  are  all  of  the  best  description,  so  situated  as  to  hold  a  ready  inter- 
course with  the  Indians  in  their  passage  to  and  from  the  ordinary  buffalo  hunting 
g'ouuvis,  and  in  theuuselves  ?o  well  situated  in  all  other  respects  as  to  be  desirable 
to  private  enterprise  if  the  usual  advantages  of  trade  existed.  Any  of  the  farms 
above  indicated  would  be  extremely  valuable  in  the  States, 


ii 


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BROWN  S   POLITICAL   HISTORY. 


1844 


II 


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1 1 

INI: 


The  Government  cannot  long  overlook  the  importance  of  superintending  the 
savages  that  endanger  this  line  of  travel,  and  that  are  not  yet  in  treaty  with  it. 
Some  of  these  are  already  well  known  to  be  led  by  desperate  white  men  and  mon- 
grels, who  form  banditti  in  the  most  difficult  passes,  and  are  at  all  times  ready  to 
cut  off  some  lagging  emigrant  in  the  rear  of  the  party,  or  some  adventurous  one 
who  may  proceed  a  few  miles  in  advance,  or  at  night  to  make  a  descent  upon  the 
sleeping  camp,  and  carry  away  or  kill  horses  and  cattle.  This  is  the  case  even 
now,  in  the  commencement  of  our  western  emigration,  and  when  it  comes  to  be 
more  generally  known  that  large  quantities  of  valual^le  property  and  considerable 
sums  of  moricy  are  yearly  carried  over  this  desolate  region,  it  is  to  be  feared  an 
organized  banditti  will  be  instituted.  The  posts  in  conteni]  lation  would  effectually 
counteract  this.  For  that  vmrpose  they  need  not,  nor  ou^ht  not  to  be  military 
establishments.  The  trading  posts  in  this  country  have  never  been  of  such  a  char- 
acter, ami  jet,  with  very  few  men  in  them,  have  for  years  kept  the  surrounding 
Indians  n  the  most  pacific  disposition,  so  that  the  traveler  feels  secure  from 
molestati  ni  upon  approaching  Fort  Laramie,  Bridger's  Fort,  Fort  Hall,  etc. 

The  same  can  be  obtained  without  any  considerable  expenditure  by  the  Gov- 
ernment, while,  by  investing  the  officers  in  charge  with  conipcteint  authority,  all 
evil  disposed  white  men,  refugees  from  justice,  or  discharged  vagabonds  from  the 
trading  posts  might  be  easily  removed  from  among  the  Indians  and  sent  to  the 
appropriate  states  for  trial.  The  Hudson's  Bay  Company's  system  of  rewards 
among  the  savages  would  soon  enable  the  posts  to  root  out  these  desperadoes.  A 
direct  and  friendly  intercourse  with  all  the  tribes,  even  to  the  Pacific,  might  be 
thus  maintained.  The  Government  would  become  more  intimately  acquainted 
with  them  and  they  with  the  Government,  and  instead  of  sending  to  the  state 
courts  a  manifestly  guilty  Indian  to  be  arraigned  before  a  distant  tribunal,  acquitted 
for  the  want  of  testimony  by  the  technicalities  of  lawyers  and  of  laws  unknown  to 
them,  and  sent  back  into  this  wilderness  loaded  with  presents  as  an  inducement  to 
further  crime,  the  posts  should  be  enabled  to  execute  summary  justice  as  if  the 
criminal  had  already  been  condemned  b}-  his  tribe,  because  the  tribe  will  be  sure  to 
deliver  up  none  but  the  party  whom  they  know  to  be  guilty.  They  will  in  that  way 
receive  the  trial  of  their  peers,  and  secure  within  themselves,  to  all  intents  and 
purposes,  if  not  technically,  the  trial  by  jury  yet  the  spirit  of  that  trial.  There  are 
many  powers  which  ought  to  reside  in  some  person  on  this  extended  route  for  the 
convenience  and  even  necessity  of  the  public. 

In  this  the  emigrants  and  the  people  of  Oregon  are  no  more  interested  than 
the  resident  inhabitants  of  the  States.  At  present,  no  person  is  authorized  to  ad- 
minister an  oath  or  legally  attest  a  fact  from  the  western  line  of  Missouri  to  the 
Pacific.  The  emigrant  cannot  dispose  of  his  proporty  at  home,  although  an  op- 
portunity ever  so  advantageous  to  him  should  occur  after  he  passes  the  western  bor- 
der of  Missouri,  and  no  one  can  here  make  legal  demand  and  protest  of  a  promissory 
note  or  bill  of  exchange.  No  one  can  secure  the  vahiable  testimony  of  a  mount- 
aineer or  of  an  emigrating  witness  after  ne  has  entered  this,  at  present,  lawless 
country.  Causes  do  exist,  and  will  continually  arise  in  which  the  private  rights  of 
citizens  are,  and  will  be  seriously  prejudiced  by  such  an  utter  absence  of  legal  au- 
thority. 

A  contraband  trade  from  Mexico,  the  introduction  from  that  country  of  licjuors 
to  be  sold  cniongthe  Indians  west  of  the  Kansas  river,  is  already  carried  on  with  the 
mountain  trappers,  and  very  soon  the  teas,  sii^s,  nankins,  spices,  camphor  and 
opium,  of  the  East  Indies  will  find  their  way,  duty  free,  through  Oregon,  across 


1 844 


PROVISIONAL   GOVERNMIiNT. 


151 


the  mountains  and  into  the  States,  unless  custom  house  officers  along  this  line  find 
an  interest  in  intercepting  them. 

Your  familiarity  with  the  Government  policy,  duties  and  interest,  render  it 
unnecessary  for  me  to  more  than  hint  at  the  several  objects  intended  by  the  en- 
closed bill  and  any  enlargement  upon  the  topics  here  suggested,  as  inducements 
to  its  adoption  .would  be  quite  superfluous,  if  not  impertinent.  The  very  existence  of 
such  a  system  as  the  one  above  recommended,  suggest  the  utility  of  post-office  and 
mail  arrangements, which  it  is  the  wish  of  all  who  now  live  in  Oregon, to  have  granted 
to  them,  and  I  need  only  add,  that  contracts  for  this  purpose,  will  be  readily 
taken  at  reasonable  rates  for  transporting  the  mail  across  from  Missouri,  to  the 
mouth  of  the  Columbia  in  fort3'days,  with  fresh  horses  at  each  of  the  contempla- 
ted posts. 

The  ruling  policy  proposed  regards  the  Indians  as  the  police  of  the  country 
who  are  to  be  relied  upon  to  keep  the  peace,  not  only  for  themselves,  but  to  ex- 
pel lawless  white  men  and  prevent  banditti,  under  the  salutary  guidance  of  the 
superintendents  of  the  several  posts,  aided  by  a  well  directed  system  of  bounty  to 
induce  the  punishment  of  crime. 

It  will  be  only  after  a  failure  by  these  means  to  procure  the  delivery  or  punish- 
ment of  violent,  lawless  and  savage  acts  of  aggression,  that  a  band  or  tribe  should 
be  regarded  as  conspirators  against  the  peace,  and  punished  accordingly  by  force 
of  arms. 

Hoping  that  these  suggestions  may  meet  your  approbation ,  and  conduce  to 
the  future  interest  of  our  growing  colony. 

I  have  the  honor  to  be 


^ 


j/^i^A..-rti^     ^'^^^C'^^i^^^^^^*^ 


Title  of  the  Proposed  Act. 

A  bill  to  promote  safe  intercourse  with  the  territory  of  Oregon,  to  suppress  violent 
acts  of  aggression  on  the  part  of  certain  Indian  tribes  west  of  the  Indian  ter- 
ritory, Neosha,  better  to  protect  the  revenue  for  the  transportation  of  the  mail 
and  for  other  purposes. 

Synopsis  of  the  Act. 

Section  i.  Be  it  enacted  by  the  senate  and  house  of  representatives  of  the 
United  States  of  America  in  congress  assembled,  That  from  ana  after  the  pas- 
sage of  this  act,  there  shall  be  established  at  suitable  distances  and  in  convenient 
and  proper  places,  to  be  selected  by  the  president,  a  chain  of  agricultural  posts,  or 
farming  stations,  extending  at  intervals  from  the  present  most  usual  crossing  of 
the  Kansas  river  west  of  the  western  boundary  of  the  vState  of  Missouri,  thence 
ascending  the  Platte  river  on  its  scutliern  border,  thence  through  the  valley  of  the 
Sweetwater  to  I''ort  Hill,  and  thence  to  the  settlements  of  the  Willamette  in  the 
territory  of  Oregon,  which  said  posts  shall  have  for  tlicirobject,  to  set  examples  of 
civilized  industry  to  the  several  Indian  tribes,  to  keep  them  in  proper  subjection  to 
the  laws  of  the  United  States,  to  suppress  violent  and  lawless  acts  along  the  said 


■I      ! 


■I 


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brown's  political  history. 


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line  of  frontier,  to  facilitate  the  passage  of  troops  and  munitions  of  war  into  and 
out  of  the  said  territory  of  Oregon,  and  the  transportation  of  the  mail  as  hereiu- 
after  provided. 

Sec.  2.  And  be  it  further  enacted,  That  there  shall  reside  at  each  of  the  said 
posts  one  superintendent,  having  charge  thereof,  with  full  power  to  carry  into  effect 
the  provisions  of  this  act,  subject  always  to  such  instructions  as  the  President  may 
impose.  One  deputy  superintendent  to  act  in  like  manner  in  case  of  the  death, 
removal  or  absence  of  the  superintendent ;  and  such  other  artificers  and  laborers, 
not  exceeding  twenty  in  numl)er,  as  the  said  superintendent  may  deem  necessary 
for  the  conduct  and  safety  of  the  said  posts,  all  of  whom  shall  be  subject  to  his 
appointment  and  liable  to  his  removal. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  President 
to  cause  to  be  erected  at  each  of  the  said  posts  suital)lc  buildings  for  the  purposes 
herein  contemplated,  to-wit :  One  main  dwelling  house,  one  store  house,  one 
blacksmith  and  gunsmith  shop  and  one  carpenter  shop,  with  such  and  so  many 
other  buildings  for  storing  the  products  and  supplies  of  the  said  posts  as  he  may, 
from  time  to  time,  deem  expedient.  To  supply  the  same  with  all  necessary  imple- 
ments of  mechanical  art  and  agricultural  labor  incident  thereto,  and  with  all  such 
other  articles  as  he  may  judge  requisite  and  prober  for  the  safety,  defense  and  com- 
fort thereof. 

To  cause  said  posts,  in  his  discretion,  to  be  visited  by  detachments  of  troops 
stationed  on  the  western  frontier,  to  suppress,  through  the  said  posts,  the  sale  of 
munitions  of  war  to  the  Indian  tribes  in  case  of  hostilities,  and  annually  to  lay 
before  congress  at  its  general  session  full  returns,  verified  by  the  oaths  of  the  said 
several  superintendents,  of  the  several  acts  by  them  performed,  and  of  the  condi- 
tion of  the  said  posts,  with  the  income  and  expenditures  growing  out  of  the  same 
respectively. 

Sec.  4.  And  be  it  further  e^iactcd,  That  the  said  superintendents  shall  be 
appointed  by  the  President,  by  and  with  the  advice  and  consent  of  the  senate,  for 
the  term  of  four  years  with  a  salary  of  f  2,000,  payable  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated.  That  they  shall  respectively  take  an  oath 
before  the  district  judge  of  the  United  States  for  the  western  district  of  Missouri, 
faithfully  to  discharge  the  duties  imposed  on  them  in  and  by  the  provisions  of  this 
act,  and  give  a  bond  to  the  president  of  the  United  States,  and  to  his  successor  in 
office  and  assigns,  with  sufficient  security,  to  be  approved  by  the  said  judge,  in  at 
least  the  penality  of  125,000,  conditioned  to  indemnify  the  President,  his  successors 
or  assigns,  for  any  unlawful  acts  by  them  performed,  or  injuries  committed  by 
virtue  of  their  offices,  which  said  bonds  may  be  at  any  time  assigned  for  prosecu- 
tion agiiinst  the  said  respective  superintendents  and  their  sureties,  upon  applica- 
tion to  the  said  judge  at  the  instance  of  the  United  States  district  attorney,  or  of 
any  private  party  aggrieved. 

Skc.  5.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  said  superin- 
tendents to  cause  the  soil  adjacent  to  the  said  posts,  in  extent  not  exceeding  six 
hundred  and  forty  acres,  to  be  cultivated  in  a  farmer  like  manner,  and  to  produce 
thereon,  such  articles  of  culture  as  in  their  judgment  shall  be  deemed  the  most 
profitable  and  available  for  the  maintenance  of  the  said  posts,  for  the  supply  of  the 
troops  and  other  Government  agents  which  may  from  time  to  time  resort  thereto, 
and  to  render  the  products  aforesaid  adequate  to  defraying  all  expenses  of  labor  in 
and  about  the  said  posts,  and  the  salary  of  the  said  deputy  superintendent  without 
resort  to  the  treasury  of  the  United  States,  remitting  to  the  secretary  of  the  treas- 
ury yearly  a  sworn  statement  of  the  same,  with  the  surplus  moneys  if  any  there  be. 


T 


mmt 


Wf' 


1844 


PROVISIONAL   GOVERNMENT. 


153 


Sec.  6.  And  be  it  further  eftacted,  That  the  said  several  superintendents  of 
posts  shall  ex-officio  be  superintendents  of  Indian  affairs,  west  of  the  Indian  Ter- 
ritory, Neosho,  subordinate  to,  and  under  the  full  control  and  supervision  of  the 
Commissioner  General  of  Indian  Affairs  at  Washiuj^ton.  That  they  shall  by  virtue 
of  their  ofBces  be  conservators  of  the  peace,  with  full  powers  to  the  extent  herein- 
after prescribed  in  all  cases  of  crimes  and  misdemeanor,  whether  committed  by 
citizens  of  the  United  States,  or  by  Indians  within  the  frontier  line  aforesaid.  That 
they  shall  have  power  to  administer  oath,  to  be  valid  in  the  several  courts  of  the 
United  States,  to  perpetuate  testimony  to  oe  used  in  any  of  the  said  courts  ;  to  take 
acknowledgment  of  deeds  and  other  specialties  in  writing,  to  take  the  probate  of 
wills  and  testaments  executed  upon  the  said  frontier,  and  of  which  the  testators 
shall  have  died  in-transitu  between  the  State  of  Missouri  and  the  Territorv  of  Ore- 
gon, to  do  and  certify  all  notarial  acts,  and  to  perform  the  ceremony  01  ..  arriage 
with  as  legal  effect,  as  if  the  several  acts  above  enumerated,  had  been  performed  by 
the  magistrates  of  any  of  the  States  having  power  to  perform  the  same. 

That  they  shall  have  the  power  to  arrest  and  remove  from  the  line  aforesaid, 
all  disorderly  while  persons  and  all  persons,  inciting  the  Indians  to  hostilities,  and 
to  surrender  up  all  fugitives  from  justice,  upon  the  requisition  of  the  Governor  of 
any  of  the  States  ;  that  they  shall  have  power  to  demand  of  any  of  the  several  tribes 
within  the  said  frontier  line,  the  surrender  of  any  Indian  or  Indians,  committing 
acts  in  contravention  of  the  laws  of  the  United  States,  and  in  case  of  such  surren- 
der to  inflict  punishment  thereon,  according  to  the  tenor  and  effect  of  the  said 
laws  without  further  trial,  presuming,  such  offending  Indian  or  Indians,  to  have 
received  the  trial  and  condemnation  of  the  tribe  to  which  he  or  they  may  belong  ; 
to  intercept  and  sieze  all  articles  of  contraband  trade,  whether  introduced  into 
their  jurisdiction  in  violation  of  the  acts,  imposing  duties  on  imports  or  of  the  acts 
to  regulate  trade  and  intercourse  with  the  several  Indian  tribes,  to  transmit  the 
same  to  the  marshal  of  the  western  district  of  Missouri,  together  with  the  proofs 
necessary  for  the  confiscation  thereof,  and  in  every  such  case,  che  superintendent 
shall  be  entitled  to,  and  receive  one-half  of  the  sale  value  of  the  said  confiscated 
articles,  and  the  other  half  be  disposed  of,  as  in  like  cases  arising  under  the  exist- 
ing revenue  laws. 

Sec.  7.  And  be  it  further  enacted.  That  the  several  superintendents  shall  have 
and  keep  at  their  respective  posts,  seals  of  office  for  the  legal  authentication  of 
their  public  acts  herein  enumerated  and  that  the  said  seals  shall  have  as  a  device, 
the  spread  eagle  with  the  words  "  U.  S.  Supcrintendency  of  the  Frontier,"  en- 
graved thereon. 

Sec.  8.  And  be  it  further  enacted,  That  the  said  superintendents  shall  be 
entitled  in  addition  to  the  salary  herein  before  granted,  to  the  following  perquis- 
ites and  fees  of  office  to-wit  :  I'^or  the  acknowledgment  of  all  deeds  and  other 
written  specialties,  the  sum  of  one  dollar ;  for  the  administration  of  all  oaths, 
twenty-five  cents;  for  the  authentication  of  all  written  instruments,  one  dollar  ;  lor 
the  perpetuation  of  all  testimony  to  be  used  in  the  United  States  courts,  by  the 
folio,  fifty  cents  ;  for  the  probate  of  all  wills  and  testaments,  by  the  folio,  fifty 
cents  ;  for  all  other  writing  done  by  the  folio,  fifty  cents  ;  for  solemnizing  marri- 
ages, two  dollars,  including  the  certificate  to  be  given  to  the  parties  ;  for  the  sur- 
render of  fugitives  from  justice  in  addition  to  the  necessary  costs  and  expenses  of 
arrest  and  detention,  which  shall  be  verified  to  the  demanding  Governor,  by  the 
affidavit  of  the  Hiiperintendcnt,  ten  dollars. 

Sec.  9.  And  be  it  further  enacted.  That  the  said  superintendents  shall  by 
virtue  of  their  offices  be  postmasters  at  the  several  stations,  for  which  they  are  ap- 


■1 


154 


brown's  politicai.  history. 


1844 


l8^ 


z 
,   I 


pointed,  and  as  such,  shall  be  required  to  facilitate  the  transportation  of  the  mail 
in  its  transit  to  and  from  the  Territory  of  Orejifon,  and  the  nearest  post  office  with- 
in the  State  of  Missouri,  subject  to  all  the  regulations  of  the  post  office  department 
and  with  all  the  immunities  and  privilej^es  of  the  postmasters  in  the  several 
Sta  es,  except  ihat  no  additional  compensation  shall  be  allowed  them  for  such  ser- 
vices, and  it  is  hereby  made  the  duty  of  the  Postmaster  General  to  cause  proposals  to 
be  issued  for  the  transportation  of  the  mail  along  the  line  of  said  posts,  to  and  from 
the  said  territory,  within  six  months  after  the  passage  of  this  act. 

Skc.  10.  And  be  it  further  enacted.  That  the  sum  of  thousand  dol- 
lars, be  and  the  same  is  hereby  appropriated  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated,  for  the  purposes  of  carrying  into  effect  the  several  provis- 
ions of  this  act. 

[endorskment.] 

Marcus  Whitman,  enc.  synopsis  of  a  bill,  with  his  views  in  reference  to  impot. 
of  the  Oregon  Terry,  War  382.         Rec.  June  22,  '44. 

Signature  of  Dr.    Whitman. 

War  Department,  \ 
Washington,  March  3,  1892.  / 
Sir  :  The  department  is  in  receipt  of  your  letter  of  the  22d  ultimo,  requesting 
to  be  furnished  with  a  tracing  of  the  signature  of  Dr.  Marcus  Whitman  for  use  in 
your  forthcoming  history  of  the  State  of  Oregon,  and  in  response  thereto,  please 
find  inclosed  a  copy  of  the  signature  taken  from  the  letter  of  Dr.  Whitman,  with- 
out date,  but  received  at  the  War  Department,  on  June  22d,  1844. 

With  reference  to  your  request  to  be  advised  whether  any  information  is  of 
record,  showing  the  presence  of  Dr.  Whitman  at  the  War  Department  in  the  winter 
of  1843  and  44,  it  is  remarked  that  no  record  is  found  of  his  calling  at  the  depart- 
ment, other  than  that  given  in  the  opening  paragraph  of  the  letter  above  referred 
to,  a  copy  of  which  you  state  is  now  in  your  possession. 

Very  respectfully, 

S.   B.  ELKINS, 
J.  Henry  Brown,  Esq.,  Secretary  of   War. 

Portland,  Oregon. 

(Tracing  of  signature  herewith). 

Mr.  Benton's  Prediction 
Extract  from  a  speech  delivered  in  St.  Louis,  Oct.  19,  1844. 

"  I  say  the  man  is  alive,  full  grown,  and  is  listening  to  what  I  say  (  without  be- 
lieving it  perhaps, )  who  will  yet  see  the  .\siatic  commerce  traversing  the  north  Pacific 
ocean — entering  the  Oregon  river — climbing  the  western  slope  of  the  Rocky  mount- 
ains— issuing  from  its  gorges — and  spreading  its  fertilizing  streams  over  our  wide- 
extended  union  !  The  steamboat  and  the  steam-car  have  not  exhausted  all  their 
wonders.  They  have  not  yet  found  their  amplest  and  most  appropriate  theatres — the 
tranquil  surface  of  the  North  Pacific  ocean,  and  the  vast  inclined  plains  which 
spread  cast  and  west  from  the  base  of  the  Rocky  mountains.  The  magic  boat,  and 
the  flying  car,  are  not  yet  seen  upon  this  ocean,  and  upon  this  plain,  but  they  will 
be  seen  there  ;  and  St.  Louis  is  yet  to  find  herself  as  near  Canton,  as  she  is  now  to 
L/Ondon,  with  a  better  and  safer  route,  by  land  and  sea,  to  China  and  Japan,  than 
she  now  has  to  France  and  Great  Britain." 

NoTKS. — Hon.  I.  L,.   Babcock  resigned  as  Supreme  Judge,  Nov.  11, 

1844. 

The  emigration  of  1844,  numbered  475. 


Fot 


Tc, 


Suj 


Te 


Sh, 


Le 


'V*f\ 


1844 


PROVISIONAL   GOVKRN'MENT. 


155 


Elccliou  Returns,  May  //,   iS//. 


CaNDIDATKS    I'OK    Ol'lMCK, 


For  Executive  Committee — 

P.  (i.  Stewart 

().  Russell 

Alan  sou  Beers  -- - 

Jesse  Applej^ate - 

P.  H.  Hurnett -. 

Hu)^h  Hums 

David  Hill   

W.J.  Bailey - 

Wtn.  Dauj.(herty 

A.  I<.  I<ovejov 

Robert  Newell 

A.J.  Hembree 

Wni.  Geiger    

C.  Spencer  

Territorial  Recorder  or  Clerk — 

Dr.  J.  E.  Long 

.  O.   lohnson 

C.  M.  Walker 

J.  G.  Campl)ell    

A.  K.  Wilson 

F.  X.  Mathieu    

Suprejne  Court  Judge — 

I.  Iv.  Babcock . 

J.  W.  Nesmith      

P.  H.  Burnett 

P.  C-.  Stewart .. 

''nssell 

in  son 

nil  Treasurer — 

Foster 

Ninevali  Ford     - ._.      . . 

P.  H.  Hatch    .    

A.  E.  Wilson -- 

J.  E.  Long 

W.  C.  Remick 

Sheriff— 

Joseph  L.  Meek 

B.  Harragus    

Wm.  Holmes 

Legislative  Committee — 

M.  Gihnore 

P.  H.  Burnett 

David  Hill       

M.  M.  McCarver 

W.  T.  Perrv: .     - 

T.  D.  Keizer 

Daniel  Waldo  

R.  Newell .- 

W.  H.  Gray 

W.J.  Baile'v 

T.  C.  Cason 


O. 
ft 
Ten 
1 


3 

C 
V. 


41 
40 
21 
II 
10 

6 
6 
3 
3 
2 
2 
I 


33 

24 

8 

I 


39 
16 

2 

4 


40 
4 
4 
2 
I 
I 

64 
2 
I 


e 


15 
22 
10 


23 
10 

7 
26 


32 

24 
20 

8 


S. 
o" 

Hi 

182 

IS 


67 


•4 

65 

88 


67 
75 
75 
20 
1 1 
iS 


0 


140 

24J 

49 

1 1 

III 

6 

6 

7'^ 

20 

2 

12 
I 
7 
7 

73 

24 

8 

I 

2 

65 

88 

39 

16 

2 

5 
2 

48 
10 

4 
2 
I 
I 

143 
2 
I 

27 
32 
24 
20 
8 
67 
75 
75 
20 
1 1 
18 


fl 


"No  returns  from  Klakanius  District  for  Legislative  Committee. 


156 


hkown's  political  history 


1844 


i  Ji.  :,. 


Il 


Treasurer's  Reports 

Amount  of  money  received |Si  50 

"        paitlout 91  50 

IWsent  Liabilities, 

Due  on  Geo.  W.  I<e  Breton's  draft     - 900 

Commission  on  $Hi   50  at  5  per  cent   407 


Total' .-$94  57 


Amount   received  81  50 


Total  due -.   -   ^    — $13  "7 

W.  H.  WILLSON,  Treasurer,  O.  T.,  1844. 


Legislative  Committee  report  on  Treasurer' s  report.  1844. 

Dr.    Cr. 

To  copying  laws,  &c.  by  Geo.  \V.  Le  Breton %  90  cx5 

To  books  purchased  of  J.  A.  O'Neil. 10  00 

To  delivery  of  same ..    5  cjo 


Total         

By  subscription  paid 

Amount  due  on  account  rendered. 

Total 


-$105  00 


«i  50 
23  50 

$105  CX) 


Salaries  of  Officers. 

Members  of  Executive  Committee  per  annum fioo  00 

"         "   Legislative  Committee  per  diem 2  00 

Assessor  per  diem ■?  00 

Appropriations. 

Pay  of  legislature -.Jioo  00 

"     assessor,  (1844) 6(j  00 

"     sheriff 11196 

"     secretary 9600 

"     jurries 30  00 

"     circuit  attorney  (  A.  L.  Lovejoy  ) 50  00 

"     rent  legislative  hall  (J.  K.   Long) 20  00 

"     keeping  lunatics  or  insane  5ck;  00 


Total $967  96 


Treasurer' s    Report. 

Received  of  collector  of  taxes $313  13 

"  for  licenses,  two  ferries 4000 

"  "     fine 500 


Total ---$35S  31 


I  TlieTe  was  no  date  attiiclied  to  this  report,  except  the  year,  but  it  evidently  was  made  at  the 

May  iiicetinK  of  ihe  I^egislalive  Comniitlee  of  1844. 


1 844  PROVISIONAL  GOVKRNMKNT.  157 

Kxpemled  for  statioii'.ry - ..)f  20  3S 

V.  Hathdway,  rent  of  house '5  "" 

Judge  Hahcock's  salary       - - -  6t)  00 

Services  of  Secretary  in  house -_. 20  (XJ 

Total - ---   #11538 

Balance  in  treasury     - $^\^  93 

(Signed)  THILIP  FOSTER,  Treasurer. 

Dec.   i«,  1844. 


1846. 


lilt  ^ 


Ei-ECTioN  OF  Governor  and  other  officers  ;  Meeting  of  the  Legvla- 
TivE  Committee;  Memorial  to  Congress;  Copy  op  SArii,  to  vr.  sent 
East  by  Dr.  White;  Amended  Organic  Law;  Second  sEb.:. on  of  the 
Legislature;  Applegate's  resolution;  Protest  against;  Pilot 
Launch  ;  Law  against  duelling  ;  Complimentary  resolutions  to  Dr. 
White  ;  Vote  rescinded  and  Dr.  White  requested  to  return  the 
papers;   His  reply;   Mr.   Applegate's  resolution;  Congressional — 

PliESIDENT'S  message  ;  DiPLOMATICAL  CORRESPONDENCE — Mr.  FOX  TO  MR. 

Webster — Aberdeen's  note  ;  Webster  to  Fox  ;  Pakenham  to  Upshur  ; 
Reply  of  Upshur  ;  Pakenham  to  Calhoun  ;  Protocols  ;  British  pro- 
posals ;  Pakenham  and  Buchanan  letters  ;  Notes — election  returns 
AND  reports. 


THE  year  1S45  opened  with  con.siderable  political  activity  in  the 
country.  Public  meetings  were  held  in  the  different  districts 
and  nominations  made  for  members  of  the  Legislative  Com;  littee, 
while  delegates  Vv'ere  sent  to  a  convention  to  meet  at  Champ*  eg  to 
nominate  candidates  for  Governor,  Supreme  Judge,  and  Terri  orial 
Recorder.  The  most  prominent  candidates  for  governor,  were  A. 
Lawrence  lyovejoy,  George  Abernethy,  Osborn  Russell  and  Dr.  Wm.  J. 
Bailey.  The  contest  resulted  in  the  nomination  of  Mr.  Lovejoy  for 
Governor  ;  James  W.  Nesmith  for  Supreme  Judge  and  Dr.  John  E. 
Long,  for  Territorial  Recorder.  The  nomination  of  Lovejoy  was  so 
distasteful  to  Russell's  friends,  that  they  combined  with  the  adherents 
of  Abernethy,  and  elected  the  latter  by  a  majority  of  98  in  a  vote  of 
504  cast. 

For  the  office,  of  Territorial  Treasurer,  Philip  Foster  was  nominat- 
ed, but  was  defeated  b}'  Francis  Ermatinger,  a  clerk  of  the  Hudson's 
Bay  Company,  by  a  majority  of  54  out  of  a  vote  cast  of  448.  Mr.  Er- 
matinger receiving  the  .solid  vote  of  the  French.  Mr.  F'oster  attempted 
to  conte.st  this  election  at  the  next  session  of  the  Legislature,  which 
met  August  5,  i84^s,  fit  Oregon  City,  but  failed 

The  officers  and  members  of  the  Legisl  e  elected  at  this  June 
election  were  :  Governor,  George  Al)erneth_>  ,  Territorial  Recorder, 
Dr.  J.  E.  Long  ;  Territorial  Treasurer,  Francis  Ermatinger  ;    Supreme 


m 


t 


1845 


PROVISIONAL   GOVERNMENT. 


159 


Judge,  J.  W.  Nesmith  ;  Attorney,  Marcus  Ford  ;  Sheriff,  Joseph  L. 
Meek  ;  Legislative  members,  for  Clackamns  county,  H.  A.  (^i.  Lee, 
W.  H.  Gray  and  H.  Straight ;  Cbampoeg,  R.  Newell,  J.  M.  Garrison, 
M.  G.  Foisy  and  Barton  Lee ;  Tualatin,  M.  M.  McCar^-er,  J.  \V. 
Smith  and  David  Hill  ;  Yamhill,  Jesse  Applegate  and  A.  Hendrick  ; 
Clatsop,  John  McClure. 

The  following  certificate  I  print  as  written  for  the  first  governor 
elected  in  Oregon  : 

To  Mr.   George  Abernethy  of  Klackamas  county,  greeUng : 

Sir  : — I  have  the  honor  to  inform  you,  that  at  an  elei;tion  held  in  Oregon,  on 
the  3d  day  of  June,  1845,  you  were  duly  elected  by  the  legal  voters,  to  fill  the  of- 
fice of  Executive  of  Oregon.  I  have  the  honor  .0  remain  sir, 
Dated  at  Oregon  City,  Your  most  obedient  servant, 

I2thjuue,  1845.  J.  E.  LONG,  Clerk.^ 

The  Legislative  Committee  met  at  Oregon  City,  June  24,  1845,  and 
after  temporary  organization  by  caUing  R.  Newell  to  the  chair,  Mr. 
Applegate  introduced  the  following  dual  oath  for  the  purpose  of  pro- 
pitiating the  English  element  of  the  members,  which  was  adopted  : 

"  I  do  solemnly  swear  that  I  will  support  the  Organic  laws  of  the  Provisional 
Government  of  Oregon,  so  far  as  the  said  organic  laws  are  consistent  with  my 
dutic-  :..  a  citizen  of  the  United  vStates,  or  a  subject  of  Great  Britain,  and  faithfully 
df^meau  myself  in  office,  so  help  me  God." 

Mr.  McCarver  was  duly  elected  speaker,  and  a  committee  of  three 
was  appointed  to  wait  upon  the  Executive  Committee  for  any  com- 
munication that  they  should  desire  to  make.  The  committee  sent  a 
message,  which  unfortunately  was  lost  and  cannot  now  be  found. 

A  committee  of  five,  consisting  of  Messrs.  Gray,  Applegate,  H.  A. 
G.  Lee,  McClure  and  Hill,  w^s  appointed  to  draft  a  memorial  and  pe- 
tition to  be  forwarded  to  the  Congress  of  the  United  States,  setting 
forth  the  condition,  situation,  relation  and  wants  of  this  country. 

The  Executive  Committee  recommended  in  their  message  a  revis- 
ion of  the  Organic  law,  and  it  was  referred  to  the  following  select  com- 
mittee, Messrs.  H.  A.  G.  Lee,  Newell,  Applegate,  Smith  and  Mc- 
Clure. 

The  committee  on  memorial  presented  the  following,  and  a  resolu- 
tion was  paf.sed  that  the  E-:ecutive  Committee  and  Circuit  Judge  sign 
the  same,  their  signatures  to  be  followed  by  those  of  the  Legislative 
Conmiittee,  and  the  same  be  immediately  sent  to  the  Senate  and  House 
of  Representatives. 


1;  i 


■  ( 


1  Election  and  ufficial  reports  at  end  of  chapter. 


I 


*E 


I  60 


brown's  political  history. 


1845 


Memorial  to  Congress. 
The  following  luemorial  to  conj^ress,  was  drawn  up  by  legislative 
committee  in  session  at  Oregon  City,  June  28,  1845,  and  taken  to  Wash- 
ington City  by  Dr.  Elijah  White,  United  States  Indian  agent,  and  pre- 
sented to  the  United  States  senate  by  Hon.  Thos.  H.  Benton,  senator 
from  Missouri  on  December  8,  1845  : 

Mr.  lieiitoii  rose  for  the  purpose  of  presenting  to  the  senate  a  paper  from  Dr. 
White,  wlio  occupied  the  position  of  Indian  agent  for  the  tribes  occupying  the 
territory  of  Oregon  west  of  the  Rocky  mountains.  This  gentleman  had,  for  tiie 
last  half  dozen  years,  been  employed  on  that  side  of  the  Rocky  mountains,  and 
the  paper  which  he  now  desired  to  present  accompanied  a  petition  from  the  Amer- 
ican citizens  inhabiting  the  Oregon  territory.  Thesye  petitioners  stated  that  for 
the  preservation  of  order  they  had,  among  themselves,  established  a  prov;  .  -^al 
and  temporary  Government,  subject  to  the  ratification  of  the  United  State  T-r.  ■• 
emment.  The  petition  set  forth  in  strong  and  respectful  language,  argnmetits 
why  the  citizens  residing  in  that  section  of  country  should  be  protected  for  the 
purpose  of  preserving  order.  The  memorial  was  drawn  up  in  a  manner  creditable 
to  the  body  by  which  it  was  presented,  to  the  talents  by  which  it  was  dictated, 
and  to  the  patriotic  sentiments  which  pervaded  it ;  and  the  application  was 
worth)'  of  a  favorable  consideration  for  its  moderation,  reasonableness  and  jus- 
tice. As  the  best  means  of  spreading  the  contents  of  this  petition  before  the 
country,  and  doing  honor  to  the  ability  and  enterprise  of  those  who  had  presented 
it,  he  moved  that  it  be  read  at  the  bar  of  the  senate. 

The  petition  was  read.  , 

Mr.  Benton  then  moved  to  print  the  petition,  which  motion  was  agreed  to. — 
Congressional  Globe,  December  S,  18-f^. 

To  the  Honorable,  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America,  in  Congress  Assembled : — 

Your  memorialists  and  petitioners,  the  representatives  of  the  people  of  Ore- 
gon for  them.selves,  and  in  behalf  of  the  citizens  of  the  United  States  residing  in 
this  teiTitory,  would  lespectfuUy  submit  to  the  consideration  of  your  honorable 
body  some  of  the  grievances  under  which  we  labor,  and  pray  your  favorable  con- 
sideration of  our  petition  for  their  remedies. 

Without  dilating  upon  the  great  importance  of  this  territory  as  an  appendage 
to  the  Federal  Union,  or  consuming  j'our  valuable  time  in  repeating  to  you  the 
oft-repeated  account  of  our  agricultural  and  commercial  advantages,  we  would, 
with  due  diffidence,  submit  to  your  serious  consideration  our  peculiar  difficulties 
as  occupants  of  this  territory.  As,  by  treaty  stipulations  between  the  Goveni- 
ment  of  the  United  vStates  and  Great  Hritain,  this  territory  has  become  a  kind  of 
neutral  ground,  in  the  occupancy  of  which  the  cit'zens  of  the  United  States  and 
the  subjects  of  Great  Britain  have  equal  rights,  and,  as  your  memorialists  humbly 
conceive,  ought  to  have  equal  protection  ;  such  beinij  the  fact,  the  population  of 
the  territory,  though  promiscuously  interspersed,  is  composed  of  the  subjects  of  a 
crown  and  the  citizens  of  a  republic,  lie'ween  whom  no  common  bond  of  union 
exists. 

It  may  naturally  be  supposed,  in  the  absence  of  any  provision  having  been 
made  by  the  two  Governments  to  pievont  or  settle  nny  such  occurrences,  that 
conflicting  interests,  aided  by  ancient  prejudices,  would  speedily  lead  to  results 


1845 


PROVISIONAL    CIOVKRNMKNT. 


l6l 


the  most  disastrous,  particularly  when  it  is  considered  that  this  mixed  population 
exists  in  the  midst  of  numerous  warlike  tribes  of  Indians,  to  whom  the  smallest 
dissensions  among  the  white  inhabitants  would  be  the  signal  to  let  loose  upon 
their  defenseless  families  all  the  horrors  of  savage  warfare. 

To  prevent  a  calamity  so  much  to  be  dreaded,  the  well-disposed  inhabitants 
of  this  territory  have  found  it  absolutely  necessary  to  establish  a  provisional  and 
temporary  Government,  embracing  all  free  male  citizens  ;  and  whose  executive, 
legislative  and  judicial  powers  should  be  etjual  to  all  the  exigencies  that  may  arise 
among  themselves,  not  provided  for  by  the  Crovernment  to  which  they  owe  allegi- 
ance. And  we  are  most  happy  to  inform  your  honorable  body  that,  with  but  few 
individual  exceptions,  the  utmost  harmony  and  good  will  has  been  the  result  of 
this,  as  we  conceive,  wise  and  judicious  measure  ;  and  the  British  subjects  and 
.\merican  citizens  vie  with  each  other  in  their  obedience  an<l  respect  to  the  laws, 
and  in  promoting  the  common  good  and  general  welfare  of  Oregon. 

Although  such  has  been  the  result,  thus  far,  of  our  temporary  union  interests — 
though  we,  the  citizens  of  the  United  States,  have  had  no  cause  to  complain, 
either  of  exactions  or  oppression  at  the  hands  of  the  subjects  of  Great  Britain, 
l)ut,  on  the  contrary,  it  is  but  just  to  say  that  their  conduct  towards  us  has  been 
most  friendly,  liberal  and  philanthropic  ;  yet  we  fear  a  long  continuance  of  the 
present  state  of  things  is  not  to  be  expected — our  temporary  Government  being 
limited  in  its  efficiency  and  crippled  in  its  powers  by  the  paramount  duty  we  owe 
to  our  respective  Govenmients — our  revetme  being  inadequate  to  its  support,  and 
the  almost  total  absence,  apart  from  the  Hudson's  Bay  Company,  of  the  means  of 
defense  against  the  Indians,  which,  recent  occurrences  lead  us  to  fear,  entertain 
hostile  feelings  towards  the  people  of  the  United  States. 

Your  memorialists  would  further  inform  your  honorable  Ijodj'  that,  while  the 
subjects  of  Great  Britain,  through  the  agency  of  the  Hudson's  Bay  Company,  are 
amply  provided  with  all  the  miniitions  of  war,  and  can  afford,  by  means  of  their 
numerous  fortifications,  ample  protection  for  themselves  and  their  property,  the 
citizens  of  the  United  States  are  scattered  over  a  wide  extent  of  territory,  without 
a  single  place  of  refuge,  and,  within  themselves,  are  almost  de;;titute  of  the 
means  of  defense. 

Your  memorialists  would  further  crave  your  indulgence  to  remark,  that 
Great  Britain  has,  by  extending  her  criminal  code  to  this  country,  guaranteed 
every  British  .unject  claiming  his  Ijirth-right,  a  legitimate  trial  by  the  laws  of  his 
country.  We,  as  citizens  of  the  United  States,  having  neither  the  military  pro- 
tection of  our  Government,  nor  the  extension  to  us  of  the  civil  laws  of  our  coun- 
try, are  forced  to  the  enactment  and  execution  of  laws  not  authorized,  and  for 
what  we  know,  never  will  be  sanctioned  liy  our  Government. 

Your  memorialists  would  further  call  the  attention  of  your  honorable  bod}'  to 
the  fact  that,  as  citizens  of  the  United  States,  we  labor  under  the  greatest  com- 
mercial disadvantages;  we  have  neither  ships  of  war  nor  of  commerce,  nor  any 
luiv'igation  of  the  rivers  of  the  interior;  and  for  want  of  adequate  protection,  no 
private  capitalists  among  us  can  establish  a  successful  competition  with  a  wealthy 
and  powerful  monopoly,  possessing  all  the  appliances  of  commerce,  and  all  the 
influence  over  the  natives  by  an  early  establishment  among  them.  We  are,  there- 
fore, dependent  for  a  market  for  a  large  and  increasing  sur])Uis,  and  for  nearly  all 
our  supplies,  upon  a  single  company,  which  holds  the  market  under  its  control. 

Your  meniorial'sts,  with  a  view  to  remedy  the  grievances  under  which  they 
labor,  pray  the  national  congress  to  establish  a  <listrict  territorial  Government, 
to  embrace  Oregon  aiul  its  adjacent  sea  coast. 


"I  ' 


lil 


l62 


brown's  political  history. 


1845 


We  pray  for  adequate  means  of  protection  from  the  numerous  Indian  tribes 
which  surround  us  ;  for  the  purchase  of  territories  which  they  are  willing  to  sell, 
and  for  agents,  with  authority  to  regulate  intercourse  between  whites  and  Indians 
and  between  Indian  tribes. 

That  donations  of  land  may  be  made  according  to  the  inducements  held  out 
to  us  by  the  passage  of  a  bill  through  the  ^ -nited  States  senate,  at  the  second  ses- 
sion of  the  twenty-seventh  congress,  entitled  :  "A  bill  to  authorize  the  adoption 
of  measures  for  the  occupation  and  settlement  of  the  territory  of  Oregon,  for  ex- 
tending certain  portions  of  the  laws  of  the  United  States  over  the  same,  and  for 
other  purposes." 

That  navy  yards  and  marine  depots  may  be  established  on  the  river  Columbia, 
and  upon  Puget's  sound,  and  a  naval  force  adequate  to  our  protection  be  kept  per- 
manently in  the  adjacent  seas. 

That  a  public  mail  be  established,  to  arrive  and  depart  monthly  from  Oregon 
City  and  Independence,  and  such  other  local  mail  routes  be  established  as  are 
essential  to  the  Willamette  country  and  other  settlements. 

We  pray  for  the  establishment  of  such  commercial  regulations  as  may  enable 
us  to  trade  in  our  own  territory,  at  least  on  an  equality  with  non-resident  for- 
eigners. 

We  pray  that  adetjuate  militarj'  protection  be  given  to  emigrants  coming  to 
us,  either  by  establishment  of  posts  on  the  route,  or  by  military  escort. 

And  we  pray  that  in  the  event  you  deem  it  inexpedient  as  a  measure,  or  con- 
trary to  the  spirit  of  existing  treaties,  to  eatal)lish  a  territorial  Govenmient  in 
Oregon,  that  you  extend  to  us  adecjuate  military  and  naval  protection,  so  as  to 
place  us  at  least  upon  a  par  with  other  occupants  of  this  country. 

For  the  granting  of  which  5'our  memorialists  will  ever  pray. 
.  Signed:  0SI50RN  RUSSELL, 

PETER  G.  STEWART, 


J.  W.  NE.SMITH, 

Judge  of  Circuit  Court. 
M.  M.  McCarver,  Speaker,  Jesse  Applegate. 
W.  H.  Gray,  John  M.  Garrison, 

David  Hill,  H.  A.  G.  Lee, 

John  IMcClure,  Robert  Newell, 


I'lxecutive  Cotnmiltee. 

Medad  G.  Foisy, 
.\bijah  Hendrick, 
Barton  Lee, 
J.  W.  Smith, 


Hiram  Straight, 

Done  at  Oregon  City,  June  28,  1845. 

Attest : 


Members  of  Legislative  Committee. 

J.  E.  LONG, 

Clerk. 


Mr.  Garrison  introduced  the  following  resolution  which  were  referred 
to  the  committee  of  the  whole  and  never  were  acted  upon  : 

Resolved,  That  whereas  tlie  people  of  Oregon  assembled  en  masse  did,  on  the 
2d  day  of  May,  1843,  resolve  that  no  tax  should  be  levied  upon  the  people,  con- 
i.rming  the  same  by  the  adoption  of  the  report  of  the  committee  of  ways  and 
ireans,  adcpteil  by  the  legislative  committee,  and  referred  to  the  people  en  masse, 
and  by  them  enacted  on  the  5th  day  of  July,  1843,  therefore, 

fiesolved,  That  this  house  Inis  no  right  to  levy  a  tax  of  any  kind,  without  the 
conser.!.  of  the  free  voters  of  this  terri^^ory  previoush'  obtained. 


n 


i84: 


PROVISIONAL  GOVERNMENT. 


163 


w 


Resolved,  That  all  acts  and  parts  of  acts  on  that  subject,  passed  by  the  legis- 
lative committee,  were  contrary  to  the  expressed  resolution  and  action  of  the 
people. 

On  motion  of  Mr.  Lee,  it  was  resolved  that  the  clerk  be  required  to 
flirnish  Dr.  E.  White  a  copy  of  the  memorial  to  congress,  as  soon  as  it 
shall  be  properly  signed  as  per  resolution  of  the  preceding  day. 

This  created  S(mie  di.sciission,  which  culminated  in  considerable  ill 
feeling,  as  will  be  shown  later  on. 

Mr.  Garrison  introduced  the  following,  which  was  referred  to  the 
committee  of  the  whole,  but  never  acted  upon. 

Resolved^  That  this  Government  can  recognize  the  right  ol  one  person  to  the 
service  of  another  only  upon  bona  fide  contract,  made  and  entered  into,  and 
equally  binding  on  both  parties. 

On  the  last  day  of  the  session,  Mr.  Applegate  introduced  the  same 
resolution,  which  passed  by  the  following  vote  :  Yeas — Messrs.  Apple- 
gate,  Gray,  vSmith,  McCarver,  Garrison,  Hill,  Newell,  H.  L,ee,  Hen- 
dricks and  Foisy — 10.   Nays — Messrs.  Straight,  B.  Lee  and  McClure — 3. 

The  amended  organic  law  was  adopted  unanimously  and  submitted 
for  ratification  by  the  people  July  26,  i<'^45,  'axA  adopted  by  a  majority 

of  203. 

The  legislative  committee  then  adjourned  to  meet  August  5,  1845, 
at  the  same  place. 

OrQanic  Law  of  the  Provisional  Govennnent  of  Oregon. 

We,  the  people  of  Oregon  territory,  for  the  purpose  of  mutual  protection,  and 
to  secure  peace  and  prosperity  among  ourselves,  agree  to  adopt  the  following  laws 
and  regulations  until  such  lime  as  the  United  States  of  .\merica  extend  their 
jurisdiction  over  us  . 

Be  it  enacts  d,  therefore,  by  the  citizens  of  Oregon  territory,  That  the  said  ter- 
ritor\  ,  for  the  purposes  of  temporary  Government,  be  divided  into  not  less  than 
three  nor  more  than  hve  districts,  subject  to  be  extended  to  a  greater  number 
when  an  increase  of  population  shall  require  ;  for  the  purpose  of  fixing  the  prin- 
ciples of"  civil  and  religious  liberty,  as  the  basis  of  all  laws  and  constitutiotns  of 
Government  that  mav  hereafter  be  ".dopted. 

Be  it  enacted.  That  the  following  articles  be  considered  articles  of  compact 
among  the  free  citizens  ot  this  territory  : 


ARTICLE  I. 

hinaaelf  m  a  pe 'ceable  and  orierly  man- 
.  uuKt  !«   his  taode  of  worship  or  reli^ous. 


Skl'TION   L     No  per     "    ^ 
iier.    sfiall    ever  be    mo;^.  ...  ,    . 
sentiments. 

Sue.  2.     The  inhahnsaErrrs  of  mbui  te!:r;ii>ry  shall  ijJwanps  be  entitled  u>i£lte  lirat-- 

fits  ol  the  writ  of  hal»c»ri  cor-r      :•  ' •  '■-•■  '-.-v,  of  a  Tiroportionafc:  reprtseaato- 

tion  ut  the  people  m  sin;  le;L  cial  pnicredings,  according  to  fifae 


164 


kkown's  political  history 


1845 


h! 


course  of  oommon  law.  All  persons  shall  be  bailable,  unless  for  capital  offeiises 
where  the  proof  shall  be  evident,  or  the  presumption  great.  All  fines  shall  be 
moderate,  and  110  cruel  or  unusual  pmiislnnents  inflicted.  No  man  shall  be  de- 
prived of  his  iil)erty  but  by  the  judgment  of  his  peers  or  the  law  of  the  land  ; 
and  should  the  public  exigencies  make  it  necessary  for  the  common  preservation 
to  take  any  person's  property,  or  to  demand  his  i)articular  services,  full  compen- 
sation shall  be  ujade  for  the  same  ;  and  in  the  just  presers-atiou  of  rights  and 
property,  it  is  understood  and  declared  that  no  law  ought  ever  to  be  made,  or  have 
force  in  said  territory,  that  shall,  in  any  manner  whatever,  interfere  with  or  affect 
private  contracts  or  engagements,  bonajide  and  without  fraud  previously  formed. 

Skc.  3.  Religion,  morality  and  knowledge  being  necessary  to  good  Govern- 
ment, and  the  happiness  of  mankind,  schools  and  the  means  of  education  shall 
be  forever  encouraged.  The  utmost  good  faith  shall  always  lie  observed  towards 
the  Indians;  their  lands  and  property  shall  never  be  taken  from  them  without 
their  consent ;  and  in  their  property,  rights  and  liberty,  they  s^iall  never  be  in- 
vaded or  disturbed,  iniless  in  just  and  lawful  wars,  authorized  b\  the  representa- 
tives of  the  people  ;  but  laws  fouuded  in  justice  and  humanity  shall,  from  timt  to 
time,  be  nuuie  for  preventing  injustice  being  done  to  them,  and  for  preserving 
peace  and  friendship  with  them. 

Skc.  1.  There  shall  be  neither  slavery  nor  involuntar}-  servitude  in  said  ter- 
ritory, otherwise  than  for  the  punishment  of  crimes,  whereof  the  party  shall 
have  been  duly  convicted. 

Skc.  5.  No  person  shall  be  deprived  of  the  right  of  bearing  arms  in  his  own 
defense  ;  no  unreasoiuible  searches  or  seizures  shall  be  granted  ;  the  freedom  of 
the  press  shall  tiot  be  restrained  ;  no  person  shall  be  twice  tried  for  the  same 
ofFe-n*ie  ;  nor  the  people  deprivetl  of  the  right  of  peaceabb  assembling  and  dis- 
cussing any  matter  they  may  think  proper ;  nor  shall  the  right  of  petition  ever 
be  denied. 

Skc.  6.  The  powers  of  the  Government  sliall  be  divided  into  three  distinct 
departments  ;  the  legislative,  executive,  and  judicial  ;  and  no  person  belonging  to 
one  of  these  departments,  shall  exercise  any  of  the  powers  properly  belonging  lo 
either  of  the  others,  except  in  cases  herein  directed  or  permitted. 

ARTICLP:  II. 
Section  i.  The  legislative  power  shall  be  vested  in  a  house  of  representa- 
tives, which  shall  consist  of  not  less  than  thirteen,  nor  more  than  sixtj-onc  mem- 
bers, whose  numbers  shall  not  be  increased  more  than  Jive  at  anyone  session,  to  be 
elected  by  the  qualified  electors  at  the  annual  election,  giving  to  each  district  a 
representation  in  the  ratio  of  its  population  (excluding  Indians),  and  the  said  mem- 
bers shall  reside  in  the  district,  for  which  they  shall  be  cho.^en  ;  and  in  case  of 
vacancy  by  death,  resignation  or  otherwise,  the  Executive  shall  issue  his  writ  to 
the  district  where  such  vacancy  has  occurred,  and  cause  a  new  election  to  be  held, 
giving  sufficient  notice,  at  least  ten  days  previously,  of  the  timo  and  place  of  hold- 
ing said  election. 

Skc.  2.  The  house  of  representatives,  when  assembled,  shall  choose  a  speaker 
and  its  other  officers,  be  judges  of  the  qualifications  and  elections  of  ils  members, 
and  sit  upon  its  own  adjournment  from  day  to  day.  Two-thirds  of  the  house  shall 
coustilut'-  a  quorum  to  transact  l)usiuess,  but  a  smaller  nunibc>r  may  ailjourn  from 
day  to  day,  aud  may  be  authorized  by  law  to  compel  the  attendance  of  absent 
members. 

Sec.  3.     The  house  may  determine  the  rules  of  its  proceedings,  punish  its 


1 84: 


PROVISIONAL  GOVERNMENT. 


165 


Its 


niemhers  for  disorderly  behavior,  and  with  the  concurrence  of  two-thirds,  expel 
a  member,  but  not  a  second  time  for  the  same  offense,  and  shall  have  all  powers 
necessary  for  a  le,i>;islatnrc  of  a  temporary  government,  not  in  contravention  with 
the  restrictions  imposed  in  this  Organic  law. 

vSivC.  4.  The  house  of  representatives  shall,  from  time  to  time,  fix  the  salaries 
of  the  dilfcrent  olTicru  appointed  or  elected  under  this  compact,  provided  the  pay 
of  no  officer  sliall  be  altered  during  the  term  of  his  service  ;  nor  shall  the  pay  of 
the  house  be  incieascd  by  any  law  taking  effect  during  the  session  at  which  such 
alteration  is  made. 

Shc.  5.  The  house  of  representatives  shall  have  the  sole  pow^r  of  impeach- 
ing ;  three-fourths  of  all  the  members  must  concur  in  an  impeachment.  The  gov- 
ernor and  all  civil  officers  under  these  articles  of  compact,  shall  be  liable  to  im- 
peachment for  treason,  bribery  or  any  high  crime  or  misdemeanor  in  office.  Judg- 
ment in  such  cases  shall  not  extend  further  than  removal  from  office,  and  disqual- 
ification to  hold  any  office  of  honor,  trust  or  profit,  under  this  compact ;  but  the 
party  convicted  may  f)e  dealt  with  according  to  law. 

vSkc.  6.  The  house  of  representatives  shall  have  power  to  lay  out  the  terri- 
tory into  suitable  districts,  aiul  apjjorlion  the  representation  in  their  body.  They 
shall  have  power  to  pass  laws  for  raising  a  revenue,  either  by  levying  and  collect- 
ing taxes,  or  the  imposing  of  license  on  merchandise,  ferries  or  otlx^r  objects, — to 
open  roads  and  cpnals,  cither  by  the  levying  a  road  tax,  or  the  chartering  of  com- 
panies,—to  regulate  the  intercourse  of  the  people  with  the  Indian  lril)e3, — to  estab- 
lish post  offices  ami  post  roads, — to  declare  war,  suppress  insurrection  or  rejjel  in- 
vasion,— to  provide  for  the  organizing,  arming  and  disciplining  the  militia,  and  the 
calli?ig  fi)rth  the  militia  to  execute  the  laws  of  Oregon, — to  pass  law.s  of  Oregon, — 
to  pass  laws  to  regulate  the  introduction,  manufacture  or  sale  of  ardent  spirits, — 
to  regulate  the  currency  and  internal  police  of  the  country  ;  t-.  create  inferior  tri- 
bunals and  inferior  officers  necessary,  and  not  provided  for  by  these  articles  of 
compact,  and  generally  to  pass  such  laws  to  promote  the  general  welfare  of  the 
people  of  Oregon,  not  contrary  to  the  sj)irit  of  this  instrument, — and  all  powers  not 
contrary  to  the  spirit  of  this  histniment, — and  all  powers  not  hereby  ex- 
pressly delegated,  remain  with  the  people.  The  house  of  representatives  shall 
convene  annually  on  tJie  first  Tuesday  in  December,  at  such  place  as  may  be 
provided  by  law,  and  sh.dl,  upon  the  first  meeting  afterthe  adoption  of  this  instru- 
n:ent  of  compact,  proceed  to  elect  and  define  the  duties  of  a  Secretary,  Recorder, 
Treasurer,  .■Xuditcr,  INIarshal  or  any  other  officers  necessary  to  carry  into  effect  the 
provisions  of  this  compact. 

Sec.  7.  The  executive  power  shall  be  vested  in  one  person,  elected  by  the 
(pialified  voters  at  the  annual  election,  who  shall  have  power  to  fill  vacancies,  to 
remit  fines  and  forfeitures,  to  grant  pardons  and  reprieves  for  offenses  against  the 
laws  of  the  Territory,  to  call  out  the  military  force  of  the  Territory  to  repel  invas- 
ion or  suppress  insurrection,  to  take  care  that  the  laws  arc  faithfully  executed,  and 
to  recommend  such  laws  as  he  may  consider  necessary,  to  the  representatives  of  the 
people  for  their  action.  Every  liill  which  shall  have  been  passed  by  the  house  of 
representatives,  shall,  before  it  becomes  a  law,  be  presented  to  the  Governor  for 
his  a^iprobation.  If  he  approve,  he  shall  sign  it  ;  if  not,  he  shall  return  it,  with 
his  objections,  to  the  house,  and  the  hou.se  shall  cause  the  objections  to  be  entered 
at  large  on  its  journals,  and  shall  proceed  to  reconsider  the  bill  ;  if,  after  such  re- 
consiileration,  a  majority  of  two-thirds  of  the  house  shall  agree  to  pass  the  same, 
it  shall  become  a  law.     In  such  cases,  the  vote  shall  be  taken  by  ayes  and  noes. 


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brown'vS  political  history 


1845 


and  be  entered  upon  the  journals.  If  any  bill  shall  not  be  returned  by  the  Gover- 
nor to  the  house  of  representatives  within  three  days  (Sunday  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  become  a  law  in  like  manner  as 
if  the  Crovernor  had  signed  it,  unless  the  house  of  representatives,  by  its  adjourn- 
ment shall  prevent  its  return,  in  which  case  it  shall  not  become  a  law.  The  Gover- 
nor shall  continue  in  office  two  year.-,  and  until  his  successor  is  duly  elected  and 
(lualificd  ;  .'iiid  in  case  of  the  office  becoming  vacant  by  death,  resignation  or  other- 
wise, the  Secretary  shall  exercise  the  duties  of  the  office  until  the  vacancy  shall  be 

filled  by  election.    The  Governorshall  receive  the  sum  of dollars  per  annum,  as 

full  compensation  for  his  services,  which  sum  may  be  increased  or  diminished  at 
any  time  by  law,  provided,  the  salary  of  no  Governor  shall  be  altered  during  his 
tenn  of  service.  The  CrOvernor  shall  have  power  to  convene  the  legislature  on  ex- 
traordinary occasions. 

SKC.  8.  The  judicial  power  shall  be  vested  in  a  vSupremc  Court,  and  such  infer- 
ior courts  of  law,  equity  and  arbitration,  as  may  by  law,  from  time  to  time  be  es- 
tablished. The  supreme  court  shall  consist  of  one  judge,  who  shall  be  elected  by 
the  house  of  representatives,  and  hold  his  office  for  four  years,  and  until  his  suc- 
cessor is  duly  elected  and  qualified.  The  supreme  court,  except  in  cases  otherwise 
directed  by  this  compact,  shall  have  appellate  jurisdiction  only,  which  shall  be  co- 
extensive with  the  territory,  and  shall  hold  two  sessions  annually,  beginning  on 
the  first  Mondays  of  June  and  September,  and  at  such  places  as  by  the  law  diracted. 
The  supreme  court  shall  have  a  general  superintending  control  over  all  inferior 
courts  of  law.  It  shall  have  power  to  issue  writ.s  of  habeas  corpus,  mandamus,  quo 
warranto,  certiorari,  and  other  remedial  writs,  and  hear  and  determine  the  same. 
The  supreme  court  shall  have  power  to  decide  upon  and  annul  any  laws  contrary 
to  the  provisions  of  these  articles  of  compact,  and  whenever  called  upon  by  the 
house  of  representatives,  the  supreme  judge  shall  give  his  opinion,  touching  the 
validity  of  any  f)ending  measure.  The  house  of  representatives  niay,  hereafter, 
provide  by  law  for  tlic  supreme  court  having  original  jurisdiction  in  criminal 
cases. 

SfiC.  9.  All  officers  under  this  compact  shall  take  an  oath  as  follows  to-wit : 
I  do  solemnly  swear  that  I  will  support  the  organic  laws  of  the  provisional  Gov- 
ernment of  Oregon,  so  far  as  said  organic  laws  arc  consistent  with  my  duties  as  a 
citizen  of  the  United  States,  or  a  subject  of  Great  Britain, '  and  faithfully  demean 
myself  in  office,  so  help  me,  God. 

Sec.  10.  Every  free  male  descendant  of  a  white  man,  inhabitant  of  this  ter- 
ritory, of  the  age  of  twenty-one  years  and  upwards,  who  shall  have  been  an  in- 
habitant of  this  territory  at  the  time  of  its  organization,  .shall  be  entitled  to  vole  at 
the  election  of  officers,  civil  and  military,  and  be  eligible  to  any  office  in  the  terri- 
tory ;  Provided,  that  all  persoiis  of  the  description  entitled  to  vote  by  the  pro- 
visions of  this  j-^ction,  who  shall  emigrate  to  this  territory  after  organization,  shall 
be  entitled  to  the  right  of  citizens,  after  having  resided  six  months  in  the  territory. 

Sec.  II.  The  election  for  all  civil  officers,  provided  for  by  this  compact,  shall 
be  held  the  first  Monday  in  June  annually. 


I  This  is  the  same  oath,  on  motion  of  Mr.  Applegate,  that  was  administered  to  the  members 
of  the  legislative  committee,  June  24,  1845,  ani^  afterwaids  incorporated  in  the  organic  law,  he  being 
one  of  the  committee  on  revision.  The  cause  iif  this  was,  that  at  that  time,  Oregon  was  under 
joint  occupancy  of  American  citizens  and  subjects  of  Cireat  Britain,  and  the  Provisional  Govern- 
ment was  organized  and  maintained  by  both  nationalities,  and  that  was  the  cause  of  the  dual  oath 
being  adopted. 


1845 


PROVISIONAL,   GOVKKNMKNT. 


167 


ARTICLE  HI. 

Section  i.  Any  person  now  holding,  or  hereafter  wishinj^  to  establish  a 
claim  to  land  in  this  territory,  shall  designate  the  extent  of  his  elaini  by  natural 
bonndaries,  or  by  marks  at  the  corners  and  upon  the  line  of  such  claim,  and  have 
the  extent  and  boundaries  of  said  claim  recorded  in  the  otfice  of  the  territorial 
recorder,  in  a  book  to  be  kept  by  him  for  that  purpose,  within  twenty  days  from 
the  time  of  makin;,'  such  claim  ;  Providrd,  that  those  who  shall  be  already  in  pos- 
session of  land,  shall  be  allowed  twelve  months  from  the  passage  of  this  act,  to  file 
a  description  of  his  claim  in  the  recorder's  office ;  and  the  size,  shape  and 
locality  of  such  claim,  and  give  the  names  of  the  adjoiniu;,'  claimants,  and  the 
recorder  may  require  the  applicant  for  such  record  tu  be  made,  to  answer  on  his 
oath  touching  the  facts. 

Skc.  2.  All  claimants  shall,  within  six  months  from  the  time  of  recording 
their  claims,  make  permanent  improvements  upon  the  same  by  building  or  en- 
closing, and  also  become  an  occupant  upon  said  claim  within  one  year  from  the 
date  of  such  record,  or  in  case  not  occupied,  the  person  holding  said  claim  shall 
pay  into  the  treasury  the  sum  of  five  dollars  annually,  and  in  case  of  failure  to 
occupj',  or  on  failure  of  payment  of  the  sum  above  stated,  the  claim  shall  be  con- 
sidered as  abandoned  ;  Provided,  that  no  non-resident  of  this  territory  shall  have 
the  benefit  of  this  law  ;  ami,  provided, /iirt/ief,  that  any  resident  of  this  territory 
absent  on  his  private  business  for  two  years,  may  hold  his  claim  by  paying  five 
dollars  annually  to  the  treasury. 

Sec.  3.  No  individual  shall  be  allowed  to  hold  a  claim  of  more  than  one 
square  mile,  or  six  hundred  and  forty  acres,  in  a  square  or  oblong  form,  according 
to  the  natural  situation  of  the  premises.  Nor  shall  any  individual  be  allowed  to 
hold  more  than  otie  claim  at  the  same  time.  Any  person  complying  with  the  pro- 
visions of  these  ordinances  shall  be  entitled  to  the  .same  recourse  against  trespass 
as  in  other  cases  bylaw  provided. 

Sec.  4.  Partnership  of  two  or  more  persons  shall  be  allowed  to  take  up  a 
tract  of  land,  not  exceeding  six  hundred  and  forty  acres  to  each  person  in  said 
partnership,  subject  to  all  the  provisions  of  the  law.s,  and  whenever  such  partner- 
ship is  dissolved,  the  members  shall  each  record  the  particular  parts  of  said  tract 
as  may  be  allotted  to  him  ;  Provided,  that  no  member  of  said  partnership  shall 
hold  a  separate  claim  at  the  time  of  the  existence  of  said  partncr.sliip. 

Sec.  5.  The  boundary  lines  of  all  claims  shall  hereafter  conform  as  near  as 
may  be  to  the  cardinal  points. 

Sec.  6.  The  officers  elected  at  the  general  election,  held  on  the  first  Tuesday 
in  June,  1845,  shall  be  the  officers  to  act  under  this  organic  law,  and  their  official 
acts,  so  far  as  they  are  in  accordance  with  this  compact,  are  heieby  declared  valid 
and  legal. 

Skc.  7.  Amendments  to  this  instrument  may  be  proposed  bv  the  house  of 
representatives,  two-thirds  of  the  members  concurring  therein,  which  amendments 
shall  be  made  public  in  all  parts  of  Oregon,  and  be  read  at  the  polls  at  the  next 
succeeding  general  election,  and  a  concurrence  of  two  thirds  of  all  the  members 
elected  at  said  election,  may  pass  said  f  niendmenls,  and  they  shall  become  a  part 
of  this  compact. 


I,  John  K.  Long,  secretary  of  Oregon  territory,  do  hereby  certify  that  the  fore- 
going is  a  true  and  correct  copy  fif  the  original  law  as  passed  by  the  representa- 
tives of  the  people  of  Oregon,  on  the  ,5th  day  of  July,  A.  D.  1S45,  and  submitted 


I 


168 


BKOWN  S    I'OI.ITICAI,    IIISTOKV, 


184- 


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to  the  peo])le  011  the  26th  day  of  the  same  tuonlh,  and  by  them  adopted  and  now 
on  file  in  mv  ofFioe. 

J.  E.  LONG,  Secretary. 


TIk-  following  certificate  was  filed  by  the  secretary  of  the  territory 
with  the  K^overiior,  as  reijuired  by  law,  after  a  full  canvass  of  the  vote. 

SlCCKRTARV'S   'Jl'I-ICE,    OREGON    ClTV,    Au^USt    23,    1845 

To  his  Excellency,  Ceo.  Abernethy,  Governor  of  Oregon  : — 

Sir  :  I  have  the  honor  to  inform  voii  that  the  atnended  orj^anic  laws  of  Ore- 
gon territory  were  submitted  to  the  people  at  a  general  election,  held  on  the  last 
.Saturday  in  July,  1S45,  and  by  them  adopted.  Said  organic  laws  have,  therefore, 
become  the  supreme  law  of  the  land. 

I  am,  dear  sir,  with  respect,  your  obedient  servant, 

J.  E.  LONG,  Secretary. 


The  legislative  committee  met  pursuant  to  adjournment,  at  Oregon  City, 
August  5,  1845,  all  the  members  present  except  Mr.  Hendricks. 

Mr.  McCarver  was  called  to  the  chair,  and  Mr.  Gray  was  elected  speaker,  Imt 
Mr.  McCarver  claimed  that  he  was  .still  speaker  as  it  was  an  adjourned  session. 
On  motion  of  Mr.  Applegate  it  was  resolved  that  Mr.  McCarver  be  requested  to 
resign  his  seat  as  speaker. 

The  next  day  the  vote  electing  Gray  and  tlic  vote  requesting  McCarver  to  re- 
sign was  reconsidered. 

A  message  was  received  at  that  time  from  the  governor,  George 
Abernethy,  but  cannot  be  found  in  the  archives. 

Mr.  Applegate  introduced  the  following  resolutions  which  were  re- 
ferred to  the  committee  of  the  whole. 

Resolved,  That  the  people  of  Oregon  are  not,  in  the  opinion  of  this  house, 
morally  or  legally  bound  by  any  acts  of  the  officers,  (  r  agents  of  the  people,  not 
expressly  authorized  or  sanctioned  by  the  instrument,  in  virtue  of  which  they  had 
their  official  existence. 

Resolved  fiirthey.  That  this  house  cannot  assume,  in  behalf  of  the  people,  the 
payment  of  any  debt,  or  the  refunding  of  any  funds,  borrowed  or  otherwise  un- 
lawfully contracted  or  obtainci],  wilho'it  first  obtaining  the  consent  of  the  people. 

Aflcr  some  debate  the  above  was  adopted.  Yeas — Messrs.  Applegate,  Garri- 
son, Hendricks,  Hill,  H.  Lee,  B.  Lt-e,  McClurc  and  Smith — S.  Nays — Messrs. 
Eoisy,  Gray,  .Straight,  and  Speaker — 4.     Mr.  Newell  l)eing  excused. 

Leave  was  granted  to  any  member  to  protest,  and  the  following  was  fded  : 

Wherkas,  a  resolution  with  a  preamble,  containing  a  direct  and  positive  cen- 
sure upon  the  proceedings  of  the  Oregon  Government,  was  introduced  into  this 
house  by  Jesse  .\pplegate,  asserting  that  this  luuse,  aud  the  people  of  Oregon,  are 
not  morally  or  legally,  bound  for  any  act  of  sai  i  Government,  to  the  payment  of 
any  debts  contracted,  or  unlawfully  borrowed,  except  they  had  previously  obtained 
the  consent  of  the  people.     And, 

Whereas,  I'roni  the  wording  of  said  resolution,  two  constructions  may  be 
placed  upon  it,  the  same  amounting  to  a  repudiation  of  all  debts  heretofore  con- 
tracted, or  money  borrowed  ;  the  other  implying  a  want  of  confidence  in  the 
agents  and  officers  of  this  Government ;  therefore, 


1 845 


PROVISIONAL   GOVERNMENT. 


169 


We,  the  uiiderniyned,  decidedly  and  soleniidy  protest  against  the  ado])tioii  of 
any  such  rosohitioiis  or  expressions  by  this  house,  as  they  not  only  do  no  good, 
but  tend  to  jjreat  evil,  in  destroying  the  confidence  of  the  people  in  the  agents  and 
officers  of  this  Government  without  sufficient  cause. 
Dated,  Oregon  City,  August  7,  1845. 

Signed  :  W.  H.  GRAY, 

M.  G.  I'OISV, 
H.  STRAIGHT. 

When  Ca])tain  Wilkes,  of  the  United  States  Navy,  wlio  commanded 
the  exploring  expedition,  left  Oregon,  he  put  a  launch  in  charge  of 
Dr.  McLoughlin  to  be  used  as  a  pilot  boat  at  the  mouth  of  the  Colum- 
bia river,  and  the  legislative  committee  applied  to  him  to  have  it  turned 
over  to  the  provisional  Government,  to  be  used  for  the  purpose  in- 
tended. This,  Dr.  McLoughlin  refused  to  do,  claiming  that  he  had  no 
authority  to  surrender  it  except  to  some  United  States  officer.  There- 
fore it  was  allowed  to  remain  in  his  care  until  Lieutenant  Howison,  of 
the  United  States  navy,  took  charge  of  it  and  .sold  it  to  private  parties. 

On  the  sixth  day  of  the  session  (August  nth),  Mr.  Applegate 
rushed  into  tlie  house  under  con.siderable  excitement,  and  moved  that 
the  rules  be  suspended  to  allow  him  to  introduce  a  bill  to  prevent  duel- 
ling. The  bill  was  read  once  for  information,  and  twice  b\'  title,  then 
pa.ssed,  and  ordered  forwarded  to  the  executive  forthwith  for  ap- 
proval. The  speaker  appointed  Mr.  P.  G.  Stewart  .special  messenger 
for  that  purpose.  The  bill  was  returned  to  the  hou.se,  with  the  ap- 
proval of  the  executive,  and  in  le.ss  than  an  hotir  after  its  introduction 
it  became  a  law.  The  cause  of  the  extraordinarv  ha.ste  was  that  Dr. 
E.  White  had  been  slandering  vSamuel  Holderness,  who  had  expressed 
his  intention  of  calling  the  doctor  to  account  on  the  field  of  honor,  and 
the  latter  had  implored  Mr.  Applegate  to  introduce  and  rush  the  bill 
through,  which  ptirpose  was  accompli.shed  to  his  great  relief,  as  he  was 
not  celebrated  for  his  courage. 

A  bill  was  passed  creating  a  supreme  court,  the  salaries  were,  first 
year,  $200  ;  second,  $300  ;  third,  $400  ;  fotirth,  $500. 

Dr.  White  who  had  been  making  some  explorations  in  the  country, 
keeping  a  jotirnal  of  the  same,  presented  the  record  to  the  house  which 
received  it  with  a  vote  of  thanks  and  ordered  it  printed.  He  was  also 
invited  to  address  that  body  on  the  subject,  which  he  did,  and  suc- 
ceeded in  convincing  himself  at  least  that  he  had  materially  benefited 
Oregon  in  keeping  the  Indians  quiet  and  assisting  in  finding  pa.sses 
across  the  Cascade  mountains. 

Mr.   Applegate  presented  to  the  L   use  several   official  documents 


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1845 


belonging  to  Dr.  White,  which   were  read,  then  Mr.  Applegate  intro- 
duced the  following  : 

Resolved,  That,  whereas  the  adoption  of  the  amended  organic  law  by  the 
people  of  Oregon,  was  an  act  of  necessity  rather  than  choice,  and  was  intended  to 
give  to  the  people  the  protection  which,  of  right,  should  be  extended  to  them  by 
their  Government ;  and  not  as  an  act  of  defiance  or  disregard  of  the  authority  or 
laws  of  the  United  States ;  therefore, 

Be  it  further  resolved,  ist.  That,  in  the  opinion  of  this  house,  the  Congress 
of  the  United  States,  in  establishing  a  Territorial  government,  should  legalize  the 
acts  of  the  people  in  this  country,  so  far  as  they  are  in  accordance  with  the  consti- 
tution of  the  United  States. 

2d.  That  Dr.  Elijah  White,  sub-Indian  agent  of  Oregon,  be  requested  to  furn- 
ish a  copy  of  the  amended  organic  law  to  congress  of  the  United  States. 

3d.  That  these  resolutions  be  endorsed  on  said  copy,  with  the  vote  of  this  house 
adopting  the  same. 

The  above  were  adopted  unanimously,  but  afterwards  changed  so 
that  the  members  should  not  sign  them.  Mr.  Speaker  McCarver  de- 
termined that  he  would  sign  the  iame,  which  he  did  and  they  were 
attested  to  by  J.  E.  Long  as  Clerk,  without  the  knowledge  of  the  house. 
Dr.  White  determined  to  ride  the  free  horse  as  much  as  possible,  so 
prevailed  upon  Dr.  Newell  to  introduce  the  following  : 

Resolved,  That  this  house  reecommend  to  the  favorable  consideration  of  the 
Congress  of  the  United  States,  the  just  claims  of  Dr.  E).  White,  sub-Indian  Agent, 
for  a  remuneration  for  the  heavy  expenses  by  him  incurred,  in  attempting  to  dis- 
cover a  southern  passage  through  the  Cascade  mountains. 

This  resolution  wa,s  adopted,  yeas,  8,  ;  nays,  5.  As  soon  as  possible, 
Dr.  White  obtained  possession  of  all  these  documents  and  hied  himself 
to  the  States  by  the  way  of  Vancouver.  He  told  Mr.  Garrison  that 
Messrs.  McCarve.  and  Long  had  signed  all  the  papers  in  their  official 
capacity,  and  that  he  had  destroyed  all  the  private  letters  confided  to 
his  care.  This  created  a  perfect  tempest,  and  the  next  day,  Mr.  Barton 
Lee  introduced  the  following  : 

Resolved,  That  M.  M.  McCarver  has  been  opposed  to  the  organic  law,  as 
adopted  by  the  people  of  Oregon  ;  and,  contrary  to  the  voice  ot  this  house  in  regu- 
lar session,  clandestinely,  and  in  a  manner  unworthy  of  confidence  reposed  in  him, 
placed  his  name  to  a  copy  of  those  laws  transmitted  to  the  United  States,  thereby 
conveying  a  false  impression  ;  and  did,  also  sign  his  name  to  two  resolutions,  con- 
trary to  a  direct  vote  of  this  house  ;  therefore, 

//  is  further  rewlved.  That  we  disapprove  of  the  course  lie  has  pursued,  and 
feci  ourselves  under  the  humiliating  necessity  of  signifying  the  same  to  the  United 
States  Government,  by  causing  a  copy  of  this  resolution  to  accompany  these  doc- 
uments. 

Which  resolution  was  referred  to  a  committee  of  the  whole.     After 


:l.. 


ym 


i^. 


"1!'?^ 


1845 


PROVISIONAL  GOVERNMENT. 


171 


a  thorough  overhauling,  Mr.  McCarver  was  allowed  to  speak  in  his 
own  defense,  and  the  resolutions  were  laid  on  the  table.  But  the  mat- 
ter was  not  allowed  to  drop,  as  in  the  evening  session,  Mr.  Applegate 
intrc  iuced  the  following,  which  was  adopted  : 

j  Resolved,     That,  whereas  a  copy  of  the  organic  laws  of  Oregon,  together  with 

I  some  resolutions,  intended  to  be  sent  to  the  United  States,  have  not  been  attested 

and  despatched  according  to  the  directions  of  this  house  ;  therefore. 

Resolved,     That  the  clerk   iespatch  for  them  a  messenger,  to  Vancouver,  with 

authority  to  bring  said  documents  back,  and  that  he  deliver  them  to  the  secretary, 

and  that  the  expenses  incurred  be  paid  by  the  members  of  this  house,  who  voted 

for  the  resolutions. 

The  next  day,  on  motion  of  Mr.  McClure,  it  was 

Resolved,  That,  whereas  the  speaker  of  this  house  has  signed  certain  docu- 
ments, ordered  to  be  sent  to  the  United  States,  by  a  vote  of  this  legislature,  from 
a  mistaken  sense  of  duty,  and  not  from  contumacy  or  contempt  for  the  house  ;  there- 
fore, 

Resolved,  That  M.  M.  McCarver,  said  speaker,  have  leave  of  absence,  for  the 
purpose  of  following  Dr.  E.  White  to  Vancouver,  and  this  house  enjoins  that  said 
speaker  erase  his  name  from  said  documents  ;  to-wit :  the  organic  law  and  two 
resolutions  in  favor  of  Dr.  E.  White. 

On  motion  of  Mr.  Applegate,  it  was 

Resolved,  That  it  was  not  the  intention  of  this  house,  in  passing  resolutions 
in  favor  of  Dr.  E.  White,  to  recommend  him  to  the  Government  of  the  United 
States  as  a  suitable  person  to  fill  any  office  in  this  territory  ;  and, 

Be  it  further  resolved.  That  the  clerk  of  this  house  forward  by  some  suitable 
person,  an  attested  copy  of  this  resolution,  to  the  United  States  Government. 

The  house  then  appointed  Mr.  Garrison  speaker  pro  tern. 

Mr.  McCarver  immediately  left  the  house,  but  ascertaining  that  the 
clerk's  messenger  had  already  gone,  in  the  afternoon  session  prevailed 
upon  Mr.  Smith  who  introduced  the  following  : 

Resolved,  That  the  vote  requiring  the  speaker  to  go  in  quest  of  D*-.  E.  White, 
for  the  purpose  of  erasing  his  name  from  certain  documents  in  his  possession,  to 
be  by  him  conveyed  to  the  United  States,  be  reconsidered,  and  the  speaker  be  re- 
stored to  the  chair. 

By  return  messenger  was  received  a  letter  from  Dr.  White  that 
might  be  considered  a  "  corker"  for  impudence  : 

August  17,  1845. 
To  THE  Hon.,  &c. 

Gkntlkmkn: — Being  on  my  way,  and  having  but  a  moment  to  reflect,  I  have 
been  at  much  of  a  loss  which  of  your  two  resolutions  most  to  respect  or  which  to  obey, 
but  at  length  have  become  satisfied  that  the  first  was  taken  most  soberly  and, as  it  an- 
swers my  purpose  best,  I  pledge  myself  to  adhere  strictly  to  that.  Sincerely  wish- 
ing you  good  luck  in  legislating,  I  am,  dear  sirs,  very  respectfully  yours, 

E.  WHITE. 


!?  r^^ 


III 


I  I 


i 


17a 


brown's  political  history. 


1845 


This,  as  it  afterwards  proved,  was  a  very  unfortunate  letter  for  Dr. 
White,  as  it  increased  the  legislative  committee's  indignation  to  a 
white  heat,  and  that  body  determined  to  defeat  him  if  it  lay  in  their 
power.     On  motion  of  Mr.  Applegate,  it  was 

/Resolved,  That  the  secretary  be  requested  to  forward  to  the  United  States  Gov- 
ernment, through  the  American  consul  at  Sandwich  Islands,  a  copy  of  the  articles 
of  compact,  as  adopted  by  the  people  of  Oregon  territory,  on  the  last  Saturday  of 
July,  1845  ;  and  that  the  sanie  be  signed  by  the  governor,  and  attested  by  the  sec- 
retary ;  also,  all  resolutions  adopted  by  this  house,  relati  ,e  to  sending  said  docu- 
ments by  E.  White,  late  Inciian  agent  of  this  territory  ;  also,  a  copy  of  the  letter 
of  E.  White  directed  to  this  house. 

These  documents  and  papers,  also  sworn  affidavits  of  his  having 
opened  private  letters  consigned  to  his  care,  were  handed  to  Captain 
John  H.  Couch,  who  was  about  to  sail  for  Honolulu,  and  by  him  handed 
to  the  consul.  President  Polk  received  them  before  Dr.  White  arrived 
at  Washington,  and  gave  the  doctor  a  cool  reception  and  refusing  to 
appoint  him  to  any  office  whatever. 

On  motion  the  house  held  a  secret  :.ession  for  the  purpose  of  electing  oflicers, 
and  the  vote  to  be  by  ballot.  District  judges  of  Chanipoeg  county — E.  Parrish, 
three  years;  F.  X.  Mathicu,  two  years;  and  Daniel  Waldo,  one  year.  Sheriflf — 
WiH.  Morrison.  Judges  of  Tuality  county — O,  Russell,  three  years;  H.  Higgins, 
two  years ;  Wni.  Rrrriss,  one  year.  Sheriff — T.  Stnith.  Judges  for  Yamhill 
county — ^Jas.  O'Neil,  three  years;  J.  Hembree,  two  years;  J.  V.  Walker,  one  year. 
Sheriff — A.  Hembree.  P.  H.  Burnett  was  elected  supreme  judge;  O.  Russell,  of 
Tuality  declined  and  R.  Q.  Tucker  elected  instead.  Judges  for  Clackamas  county 
— P.  G.  Stewart,  three  years ;  Fred  Prigg,  two  years  ;  T.  W.  Pettigrove,  one  year 
Mr.  Stewart  resigned  and  S  S.  White  was  elected  to  fill  the  vacancy.  vSheriff — 
Wni.  Holmes.  Judges  for  Clatsop  county — W.  T.  Per/y,  three  years;  Robert 
Shortess,  two  years ;  Calvin  Tibbitts,  one  year.  Sheriff — Thomas  Owens.  Gov- 
ernor Abernethy  was  elected  superintendent  of  Indian  affairs,  and  Wm.  G.  T' Vault, 
postmaster-general. 

On  Wednesday,  August  20,  1845,  the  legislative  committee  ad- 
journed sine  (ifc  to  make  away  for  the  first  regular  house  of  representa- 
tives under  the  new  organic  law,  adopted  July  26,  1.S45,  to  meet  in  the 
following  Deceiuber. 


The  finst  regular  session  of  the  house  of  representatives  of  the  pro 
visional  Government,  met  at  Oregon  City,  Tuesday,  December  2,  1845. 
This  session  was  composed  of  the  same  members  who  were  elected  in 
the  previous  June.     Robert  Newell  was  elected  speaker  ;   J.  K.    Long, 
chief  clerk  ;  Theopolus  McGruder,  .sergeaut-at-arms. 

The  principal  bill  of  interest  introduced  at  this  session  was  a  law 
regulating  the  sale  of  intoxicating  liquors,  which  was  finally  defeated 
through  the  influence  of  the  Hudson's  Bay  Company. 


1 845 


PROVISIONAL  GOVERNMENT. 


173 


A  law  was  passed  regulating  currency,  in  which  gold,  silver,  treas- 
ury drafts,  approved  orders  on  solvent  merchants,  and  good  merchant- 
able wheat  delivered  at  places  where  the  people  were  accustomed  to 
receive  wheat,  was  a  lawful  tender  for  taxes  and  judgments  rendered 
by  the  courts  of  Oregon.  The  sections  on  exemptions  from  sale  in- 
cluded nearly  everything,  and  no  property  could  be  sold  for  less  than 
two-thirds  its  value.  I  append  another  act  that  was  passed  August 
19,  1845,  but  seems  not  to  have  been  approved  by  the  governor,  and  is 
marked   ' '  re)  ained. ' ' 

Ah  Act  to  Regulate  the  Currency. 

Be  it  enacted  by  the  house  of  representatives  of  Oregon  Territory  as  follows  : 
That  cash  or  the  following  articles,  at  their  current  value,  shall  be  a  lawful  tender 
in  the  payment  of  all  demands  in  this  territory,  where  no  special  contract  had 
been  made  between  the  parties,  viz  :  Available  orders,  wheat,  hides,  tallow,  beef, 
pork,  butter,  lard,  peas,  lumber,  or  other  articles  of  export  of  this  territory  ;  Pro- 
vided, the  same  be  delivered  at  such  points  on  the  navigable  streams,  or  such  other 
places  as  may  be  established  as  depots  of  such  .  -tides. 

This  act  to  take  effect  and  be  in  force,  from  and  after  its  passage. 

A  few  days  after  Mr.  Newell  was  elected,  he  asked  to  be  excused 
on  account  of  the  dangerous  illness  of  his  wife.  Henry  A.  G.  L,ee 
was  elected  speaker  pro  teni,  and  served  the  rest  of  the  term. 

Just  before  the  hou.se  adjourned  sine  die,  the  following  resolution 
was  adopted  : 

Resolved,  That  one  of  the  principal  objects  contemplated  in  the  formation  of 
the  Government,  was  the  promotion  and  prosperity  of  peace  and  happiness  among 
ourselves,  and  the  friendly  relations  which  have,  and  ever  ought  to  exist  between 
the  people  of  the  United  States  and  Great  Britain  ;  and  any  measure  of  this  house 
calculated  to  defeat  the  same,  is  in  direct  violation  of  the  true  intention  for  which 
it  was  formed. 

The  legislature  created  the  following  districts  in  the  territory  : 

The  first  district  to  be  called  the  Tuality  District,  comprising  all  the  country 
lying  south  of  the  northern  boundary  line  of  the  United  States,  northwest  of  the 
Willamette  river  and  a  supposed  line  running  due  north  to  upper  mouth  of  said 
river,  north  of  the  Vam  Hill  river,  and  extending  to  the  Pacific  ocean  upon  the 
west. 

The  second  district  to  be  called  the  Yam  Hill  District,  embracing  all  the  coun- 
try west  of  the  Willamette  river,  and  a  supposed  line  running  north  and  south  from 
the  said  river  south  of  the  Yam  Hill  river  to  the  parallel  of  42°. 

The  third  district  to  be  called  the  Clackamas  District,  incluies  all  territory  not 
included  in  the  other  two  districts. 

The  fourth  district  to  be  called  the  Champooick  District,  and  bounded  upon 
the  north  by  a  supposed  line  drawn  from  the  mouth  of  the  Anchioke  river  and 
running  due  east  to  the  Rocky  mountains  ;  west  of  the  Willamette  river  and  a  sup- 


1<  1.1 


174 


HROWN  S    POLITICAL    HISTORY. 


1845 


I 


;    ;' 


li 


posed  line  running  due  south  from  the  Willamette  river  to  the  parallel  of  42°  of  its 
latitude  ;  south  by  the  boundary  line  of  the  United  States  and  California  and  east 
by  the  summit  of  the  Rocky  mountains. 

That  all  that  portion  of  the  Territory  of  Oregon  lying  north  of  the  middle  of 
the  main  channel  of  the  Columbia  river,  shall  be  and  the  same  is  hereby  declared 
a  separate  district,  under  the  name  and  style  of  Vancouver  District,  and  the  said 
district  shall  be  entitled  to  elect  one  member  to  the  house  of  representatives  at  the 
next  annual  election.  GEO.  .\BERNETHY, 

Approved,  Aug.  20,  1845.  Governor. 


President  Polk  in  his  message  to  Congress,  December,  1845,  sub- 
mitted all  the  documents  in  regard  to  the  Oregon  question,  from  1842, 
when  Mr.  Webster  was  Secretary  of  State,  to  his  own  administration 
and  up  to  date.  The  correspondence  is  voluminous,  but  of  great  his- 
torical value,  and  because  of  its  interest  to  the  student,  it  is  here  repro- 
duced by  the  historian  as  the  result  of  much  laborious  research. 

From  the  message  oj  the  President  of  th"  United  States  to  Congress,  December, 

1845. 

"My  attention  was  early  directed  to  the  negotiation,  which,  on  the  4th  of 
March  last,  I  found  pending  at  Washington,  between  the  United  States  and  Great 
Britain,  on  the  subject  of  Oregon  territor)-.  Three  several  attempts  have  been  pre- 
viously made  to  settle  the  questions  in  dispute  between  the  two  countries,  by  nego- 
tiation, upon  the  principle  of  compromise  ;  but  each  had  proved  unsuccessful. 
These  negotiations  took  place  at  London,  in  the  years  1818,  1824  and  1829;  the 
two  first  under  the  administration  of  Mr.  Monroe,  and  the  last  under  that  of  Mr. 
Adams.  The  negotiation  of  1818  having  failed  to  accomplish  its  object,  resulted 
in  the  convention  of  the  20th  of  October  of  that  year.  By  the  third  article  of  that 
convention,  it  was  agreed  that  any  country  that  may  l)e  claimed  by  either  party  on 
the  northwest  coast  of  .\merica,  westward  of  the  Stonj'  mountains,  shall,  together 
with  its  harbors,  baj's  and  creeks,  and  the  navigation  of  all  rivers  within  the  same, 
be  free  and  open  for  the  term  of  ten  years  from  the  date  of  the  signature  of  the 
present  convention  to  the  vessels,  citizens  and  subjects  of  the  two  Powers  ;  it  being 
well  understood  that  this  agreement  is  not  construed  to  the  prejudice  of  any  claim 
which  either  of  the  two  high  contracting  parties  may  have  to  any  part  of  the  said 
country,  nor  shall  it  be  taken  to  effect  the  claims  of  any  other  Power  or  vState  to 
any  part  of  the  said  country  ;  the  only  object  of  the  high  contracting  parties  in  that 
respect  being  to  prevent  disputes  and  differences  among  themselves. 

The  negotiation  of  1S24,  was  productive  of  no  result,  and  the  coTivention  of 
1818,  was  left  unchanged.  The  negotiation  of  1826,  having  also  failed  to  effect  an 
adjustment  by  compromise,  resulted  in  the  convention  of  August  6,  1S27,  l)y  which 
it  was  agreed  to  continue  in  force,  for  an  indefinite  period,  the  provisions  of  the 
third  article  of  the  convention  of  October  20,  1818;  audit  was  further  provided, 
that  '  it  shall  be  competent,  however,  to  either  of  the  contracting  parties,  incase 
either  should  tliink  fit,  at  any  time  after  the  20th  of  Oclober,  1828,  on  giving  due 
notice  of  twelve  months  to  the  other  contracting  party,  to  annul  and  abrogate  this 
convention  ;  and  it  shall,  in  such  case,  be  accordingly  entirely  annulled  and  abro- 
gated after  expiration  of  the  said  term  of  notice.'  " 

In  these  attempts   to  adjust  the  controversy,  the    parallel  of    49°  of  north 


1 845 


PROVISIONAL  GOVERNMEXT. 


175 


latitude  had  been  offered  by  the  Uuited  States  to  Great  itritain,  and  in  those 
of  1S18  and  1826,  and  a  further  concession  of  the  free  navigation  of  the  Columbia 
river  south  of  that  latitude.  The  parallel  of  49°,  from  the  Rocky  mountains  to 
its  intersection  with  the  northeasterniost  branch  of  the  Columbia,  and  thence  down 
the  channel  of  that  river  to  the  sea,  had  been  offered  by  Great  Rritaiii,  with  an  ad- 
dition of  a  small  detatchcd  territory  north  of  the  Columbia.  Each  of  these  propo- 
sitions had  been  rejected  by  the  parties  respectively. 

In  October,  1843.  the  envoy  extraordinary  and  minister  plenipotentiary  of  the 
I'nited  States  in  London,  was  authorized  to  make  a  siTiilar  offer  to  those  made  in 
iSiSand  1S26.  Thus  stood  the  question,  when  negotiations  were  shortly  after- 
wards transferred  to  Washington  ;  and,  on  the  23d  of  August,  1S44,  was  formerly 
opened,  under  the  direction  of  my  immediate  predecessor.  Like  all  the  previous 
negotiations,  it  was  based  upon  principles  of  '  compromise  ; '  and  the  avowed  pur- 
pose of  the  parties  was,  '  to  treat  of  the  respective  claims  of  the  two  countries  to  the 
Oregon  territory,  with  the  view  to  establish  a  permanent  boundary  between  them 
westward  of  the  Rocky  mountains  to  the  Pacific  ocean.'  Accordingly  on  the  26th 
of  August,  1844,  the  British  plenipotentiary  offered  to  divide  the  Oregon  territory  by 
the  49th  parallel  of  north  latitude  from  the  Rocky  mountains  to  the  point  of  its  in- 
tersection with  the  northeasterniost  branch  of  the  Columbia  river,  and  thence  down 
that  river  to  the  sea  ;  leaving  the  free  navigation  of  the  river  to  be  enjoyed  in  com- 
mon by  both  parties — the  country  south  of  this  line  to  belong  to  the  United  States, 
and  tha*  north  of  it  to  Great  Britain.  At  the  same  time,  he  proposed,  in  addition, 
to  yield  to  the  United  States  a  detached  territory,  north  of  the  Columbia,  extend- 
ing along  the  Pacific  and  the  vStraits  of  Fuca,  from  Bulfinch's  harbor  inclusive  to 
Hood's  Canal,  and  to  make  free  to  the  United  States  any  port  or  pots  south  of 
latitude  49°,  which  they  might  desire,  either  on  the  main  land,  or  on  Quadra  or 
Vancouver's  Island.  With  the  exception  of  the  free  ports,  this  was  the  same  offer 
which  had  been  made  by  the  British,  and  rejected  by  the  American  Government  in 
the  negotiations  of  1826.  This  proposition  was  promptly  rejected  by  the  American 
plenipotentiary  on  the  day  it  was  submitted.  This  was  the  only  proposition  of  com- 
promise offered  by  the  British  plenipotentiary.  The  proposition  on  the  part  of 
Great  Britain  having  been  rejected,  the  British  plenipotentiary  requested  that 
a  proposal  should  be  made  by  the  United  States  for  'an  equitable  adjustment  of  the 
question.' 

When  I  came  into  otTicc,  I  found  this  to  be  the  state  of  the  negotiation.  Though 
entertaining  the  settled  conviction,  that  the  British  pretensions  of  title  could  not  be 
maintained  to  any  portion  of  the  Oregon  territory  upon  any  principle  of  public  law 
recognized  bv  nations,  yet,  in  deference  to  what  had  been  done  by  my  predecessors, 
and  especially  in  consideration  that  propositions  of  compromise  had  been  thrice 
made  by  two  preceding  administrations,  to  adjust  the  question  on  the  parallel  of 
49°,  and  in  two  of  thetn  yielding  to  Great  Britain  the  free  navigation  of  the 
Columbia,  and  that  the  pending  negotiation  had  been  commenced  on  the  basis  of 
compromise.  I  deemed  it  to  be  my  duty  not  abruptl.v  to  break  it  off.  In  consid- 
eration, too,  that  under  the  conventions  of  i8i8and  1827, the  citizens  and  .s...jjects 
of  the  two  powers  held  a  joint  occupancy  of  the  country,  I  was  induced  to  make 
another  effort  to  settle  this  long  pending  controversy  in  the  spirit  of  moderation 
which  had  given  birth  to  the  renewed  discussion.  A  proposition  was  accordingly 
made,  which  was  rejecte<l  by  the  British  plenipotentiary,  who,  without  submitting 
any  other  proposition,  suffered  the  negotiation  on  his  part  to  drop,  expressing  his 
trust  that  the  United  States  would  offer,  what  he  saw  fit  to  call  "  some  further 
proposal  for  the  settlement  of  the  Oregon  question,  more  consistent  with  fairness 


176 


brown's  political  history. 


1845 


'M 


I  ■ 


I 


and  equity,  and  with  the  reasonable  expectations  of  the  Britisli  Government." 
The  proposition  thus  offered  and  rejected,  iei)eated  the  offer  of  the  parallel  of  49° 
of  north  latitude,  which  had  been  made  by  the  two  preceding  administrations, 
but  without  proposing  to  surrender  to  Great  Britain,  as  they  had  done,  the  free 
navigation  of  the  Columbia  river.  The  right  of  any  foreign  power  to  the  free 
navigation  of  any  of  our  rivers,  through  the  heart  of  our  coimtry,  was  one  which 
I  was  unwilling  to  concede.  It  also  embraced  a  provision  to  make  free  to  Great 
Britain  any  port  or  ports  on  the  Cape  of  Quadra  and  Vancouver's  Island,  south  of 
this  parallel.  Had  this  been  a  new  question,  coming  under  discussion  for  the  first 
time,  this  proposition  would  not  have  been  made.  The  extraordinary  and  wholly 
inadmissible  demands  of  the  British  Goveniment,  and  the  rejection  of  the  propo- 
sition made  in  deference  alone  to  what  had  been  done  by  my  predecessors, 
and  the  implied  obligatior  which  their  acts  seemed  to  impose,  afforded  satisfac- 
tory evidence  that  no  compromise  which  the  United  States  ought  to  accept,  can 
be  effected.  With  this  conviction,  the  proposition  of  compromise  which  had 
been  made  and  rejected,  was,  by  my  direction,  subsequently  withdrawn,  and  our 
title  to  tb"  whole  of  Oregon  territory  asserted,  and,  as  is  believed,  maintained  by 
irrefragable  facts  and  arguments.  The  civilized  world  will  see  in  these  proceed- 
ings a  spirit  of  liberal  concession  on  the  part  of  the  United  States  ;  and  this  Gov- 
ernment will  be  relieved  from  all  responsibility  which  may  follow  the  failure  to 
settle  the  controversy. 

JAMES  K.  POLK. 

Documents  Accompanying  the  President's  Message. 
(  Mr.  Fox  to   Mr.  Wkbster.  ) 

Washington,  November  15,  1842. 
Sir  :  With  reference  to  our  recent  conversation  upon  the  question  of  the 
Oregon  or  Northwestern  boundary,  when  I  conveyed  to  yon  the  desire  of  Her 
Majesty's  Government  that  instructions  should,  at  an  early  period,  be  addressed 
to  the  United  States  minister  at  London,  empowering  him  to  treat  with  such  per- 
son as  may  be  appointed  by  Her  Majesty  on  the  part  of  Great  Britain  for  a  final 
settlement  of  that  question,  I  have  now  the  honor  to  enclose  to  you  the  extract  of 
a  dispatch  addressed  to  me  upon  the  subject  by  the  Karl  of  .Aberdeen,  in  which 
the  wishes  of  Her  Majesty's  Government  are  fully  and  satisfactorily  set  forth.  I 
feel  pursuaded  that  the  great  importance  of  the  matter  at  issue,  and  the  friendly 
and  conciliatory  manner  of  Lord  Aberdeen's  proposal,  will  induce  the  President 
of  the  United  States  to  bestow  upon  them  his  early  and  serious  attention. 

I  avail  myself  of  this  occasion  to  renew  to  you  the  assurance  of  my  distin- 
guished consideration.  H.  S.  FOX. 
Hon.  Daniki.  Wkbstkr. 

(  Enclosure.) 

Foreign  Office,  October  18,  1842. 
Sir  :  The  ratifications  of  the  treaty  concluded  on  the  9th of  August,  between 
Great  Britain  and  the  United  States,  were  exchanged  by  me  on  the  13th  instant, 
with  the  minister  of  the  United  States  accredited  to  the  court  of  Her  Majesty. 
The  more  important  question  of  the  disputed  boundary  between  Her  Majesty's 
North  American  provinces  and  the  United  States,  being  thus  settled,  and  the  feel- 
ings which  may  have  mutually  produced  in  the  people  of  both  countries  by  the 
settlement  being  evidently  favorable,  and  indicative  of  a  general  desire  to  con- 
tinue on  the  best  footing  with  each  other,  it  has  appeared  to  Her  Majesty's  Gov- 


1845 


PROVISIONAL  GOVERNMENT. 


177 


ernment  that  both  parties  would  act  wisely  in  availing  themselves  of  so  auspicious 
a  moment  to  endeavor  to  bring  to  a  settlement  the  only  remaining  subject  of  ter- 
ritorial difference,  which,  although  not  so  hazardous  as  that  of  the  northeastern 
boundary,  is,  nevertheless,  even  at  this  moment,  not  without  risk  to  a  good  un- 
derstanding between  the  two  countries,  and  may,  in  course  of  time,  be  attended 
with  the  same  description  of  danger  to  their  mutual  peace  as  the  (juestion  which 
has  recently  been  adjusted — I  speak  of  the  line  of  boundary  west  of  the  Rocky 
mountains. 

You  are  aware  that  Lord  Ashburton  was  furnished  with  specific  and  detailed 
instructions  with  respect  to  the  treatment  of  this  point  of  difference  between  the 
two  Governments,  in  the  general  negotiations  with  which  he  was  intrusted,  and 
which  he  has  brought  to  a  satisfactory  issue. 

For  reasons  which  it  is  not  necessary  here  to  state  at  length,  that  point,  after 
having  been  made  the  subject  of  conference  with  the  American  Secretary  of  State, 
was  not  further  pressed.  The  main  ground  alleged  by  his  lordship  for  abstaining 
from  proposing  to  carry  on  the  discussion  with  respect  to  the  question  of  the 
northwest  boundary,  was  the  apprehension  lest,  by  so  doing,  the  settlement  of 
the  far  more  important  matter  of  the  northeastern  boundary  should  be  impeded, 
or  exposed  to  the  hazard  of  failure.  This  ground  of  apprehension  now  no  longer 
exists ;  and  Her  Majesty's  Government,  therefore  being  anxious  to  endeavor  to 
remove,  so  far  as  depends  on  them,  all  cause,  however  remote,  or  even  contingent 
risk  to  the  good  understanding  now  so  happily  restored  between  the  two  countries 
which  ought  not  to  be  at  varianc  >  with  each  other,  have  determined  to  propose  to 
the  Government  of  the  United  c-Lates  to  meet  in  an  endeavor  to  adjust  by  treaty 
the  unsettled  question  of  boundary  west  of  the  Rocky  mountains. 

On  receipt  of  this  dispatch,  therefore,  I  have  to  desire  that  you  will  propose 
to  Mr.  Webster  to  move  the  President  to  furnish  the  United  States  minister  at  this 
court  with  such  instructions  as  will  enable  him  to  enter  upon  the  negotiations  of 
tliis  matter  with  such  person  as  may  be  appointed  by  Her  Majesty  for  that  object. 
And  you  will  assure  him,  at  the  same  time,  that  we  are  prepared  to  proceed  to  the 
consideration  of  it  in  a  perfect  spirit  of  fairness,  and  to  adjust  it  on  a  basis  of 
equitable  compromise. 

I  am  with  great  truth  and  regard,  sir,  your  most  obedient  and  humble  servant^ 

ABERDEEN. 

(Mr.  Webstkr  to  Mr.  Fox.) 
Department  of  State,  Washington,  November  25,  1842. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the  15th 
instant,  upon  the  question  of  the  Oregon  or  northwestern  boundary  question,  with 
an  extract  of  a  dispatch  recently  addressed  to  you  on  the  subject  by  the  Earl  of 
Aberdeen,  explanatory  of  the  wishes  of  Her  Majesty's  Government,  both  of  which 
I  laid  before  the  President  a  few  days  afterwards.  He  directed  me  to  say  that  he 
concurred  entirely  in  the  expediency  of  making  the  (jestion  respecting  the  Oregon 
territory  a  subject  of  immediate  attention  and  negotiation  between  the  two  Gov- 
ernments. He  had  already  formed  the  purpose  of  extending  this  opinion  in  his 
message  to  congress ;  and,  at  no  distant  day,  a  communication  vWU  be  made  to 
the  minister  of  the  United  States  in  London. 

I  pray  you  to  accept  the  renewed  assurance  of  my  distinguished  consider- 
ation. DANIEL  WEBSTER. 
H.  S.  Fox,  Esg.,  &c.  ' 


1 

1 

f    '     1 

:i 


.1, 


II 


Mf 


M 


178 


brown's  political  history. 


1845 


(Mr.  Pakbnham  to  Mr.  Ui'Shur.) 

Washington,  February  24,  1844. 

Sir  :  Among  the  matters  at  present  under  the  consideration  of  the  two  Gov- 
ernments, there  is  none  respecting  which  the  British  Govenimentis  more  anxious  to 
bring  to  an  early  and  satisfactory  arrangement  with  the  Government  of  the  United 
States  than  that  relating  to  the  boundaries  of  Oregon  or  the  Columbia  territory. 

The  undersigned,  Her  Majesty's  envoy  extraordinary  and  minister  plenipoten- 
tiary, has  accordingly  been  instructed  to  lose  no  time  in  entering  into  communi- 
cation with  the  Secretary  of  State  of  the  United  States  upon  this  subject.  In  ful- 
filment, then,  of  the  commands  of  his  Government,  the  undersigned  has  the 
honor  to  acquaint  Mr.  Upshur  that  he  will  be  ready  to  confer  with  him,  with  a 
view  to  ulterior  negotiations  on  the  subject  in  question,  whensoever  it  shall  suit 
Mr.  Upshur's  convenience. 

The  undersigned  offers  to  Mr.  Upshur  his  high  consideration. 

R.  PAKENHAM. 
Hon.  Abel  P.  Upshur. 

(Mr.  Upshur  to  Mr.  Pakenham.) 
Department  of  State,  Washington,  February  26,  1844. 
Sir  :  The  undersigned.  Secretary  of  State  of  the  United  States,  has  the 
honor  to  acknowledge  the  receipt  of  the  note  dated  the  24th  instant,  from  Mr. 
Pakenham,  Her  Majesty's  envoy  extraordinary  and  minister  plenipotentiary,  in 
which  he  states  that  he  will  be  ready  to  confer  with  the  undersigned  with  a  view 
to  ulterior  negotiation  on  the  subject  of  the  boundaries  of  the  Oregon  or 
Columbia  territory,  whensoever  it  shall  suit  his  convenience. 

In  reply,  the  undersigned  has  the  honor  to  inform  Mr.  Pakenham  that  he  will 
receive  him  for  that  purpose  at  the  department  of  state  to-morrow^,  at  eleven 
o'clock  A.  M. 

The  undersigned  avails  himself,  &c. , 

A.  P.  UPSHUR. 
Richard  Pakenham,  Esq., 

(Mr.  Pakenham  to  Mr.  Calhoun.) 

Washington,  July  22, 1844. 

Sir  :  In  the  archives  of  the  department  of  state  will  be  found  a  note  which 
I  had  the  honor  to  address,  on  the  24th  of  February  last,  to  the  late  Mr.  Upshur, ' 
expressing  the  desire  of  Her  Majesty's  Government  to  conclude  with  the  Govern- 
ment of  the  United  States  a  satisfactory  arrangement  respecting  the  boundary  of 
the  Oregon  or  Columbia  territory. 

The  lamented  death  of  Mr.  Upshur,  which  occurred  a  few  days  after  the  date 
of  that  note,  the  interval  which  took  place  between  the  event  and  the  appoint- 
ment of  a  successor,  and  the  urgency  and  importance  of  various  matters  which 
offered  themselves  to  your  attention  immediately  after  your  accsesion  to  office, 
sufficiently  explained  why  it  has  not  hitherto  been  in  the  power  of  your  Govern- 
ment, sir,  to  attend  to  the  important  matter  to  which  I  refer. 

But  the  session  of  congress  having  been  brought  to  a  close,  and  the  present 
being  a  season  of  the  year  when  the  least  public  business  is  usually  transacted,  it 
occurs  to  me  that  you  now  feel  at  leisure  to  proceed  to  the  consideration  of  that 
subject.     At  all  events  it  becomes  my  duty  to  recall  it  to  your  recollection,  and  to 

I    Mr.  Upshur  was  killed  by  the  explosion  of  a  large  gun  that  was  being  tested  on  board  ship 
near  Washington  in  the  ides  of  March. 


1845 


PROVISIONAL  GOVERNMENT. 


179 


repeat  the  earnest  desire  of  Her  Majesty's  Government,  that  a  question  on  which 
so  much  interest  is  felt  in  both  countries,  should  be  disposed  of  at  the  earliest 
moment  consistent  with  the  convenience  of  the  Govenimentof  the  United  States. 
I  have  the  honor  &c.,  R.  PAKRNHAM, 

Hon.  John  C.  Calhoun. 


'i!  ?'"  !  I  .1 

'  is! 


(  Mr.  Calhoun  TO  Mr.  Pakknham.) 
Department  of  State,  Washington,  August  22,  1844. 

Sir  :  The  various  subjects  which  necessarily  claimed  my  attention  on  enter- 
ing on  the  duties  of  my  office  have  heretofore,  as  you  justly  supposed  in  your  note 
of  the  22d  of  July  last,  prevented  me  from  appointing  a  time  to  confer  with  you 
and  enter  on  the  negotiation  with  reference  to  the  Oregon  territory. 

These  have  at  length  been  dispatched,  and,  in  reply  to  the  note  which  you  did 
me  the  honor  to  address  to  me  of  the  date  above  mentioned,  I  have  to  inform  you 
that  I  am  now  ready  to  enter  on  the  negotiations;  and,  for  that  purpose,  propose 
a  conference  to-morrow,  at  one  o'clock  p.  m.,  at  the  department  of  state,  if  per- 
fectly convenient  to  you ;  but  if  not,  at  any  other  time  which  it  may  suit  your 
convenience  to  appoint.  The  Government  of  the  United  States  participates  in 
the  anxious  desire  of  that  of  Great  Britain,  that  the  subject  may  be  early  and  sat- 
isfactorily arranged.     I  have  the  honor,  &c., 

J.  C.  CALHOUN. 
The  Right  Hon.  R.  Pakenham, 


(Mr.  Pakenham  to  Mr.  Calhoun.) 

Washington,  August  22, 1844. 

Sir  :  I  have  the  honor  to  receive  your  note  of  this  morning's  date,  in  which 
you  signify  your  readiness  to  enter  on  the  negotiation  in  reference  to  the  Oregon 
territory,  proposing  to  me  to  meet  you  in  conference  on  that  subject  to-morrow, 
at  one  o'clock.  I  reply,  I  have  the  honor  to  acquaint  you  that  I  have  great  pleas- 
ure in  waiting  on  you  at  the  department  of  state  at  the  hour  proposed. 

Be  pleased  to  accept,  &c.,  R.  PAKENHAM. 

The  Hon.  J.  C.  Calhoun. 


Protocols. 

On  the  23d  of  August,  1844,  a  conference  was  held  by  appointment  at  the 
office  of  the  secretary  of  state,  in  the  city  of  Washington,  between  the  Honorable 
John  C.  Calhoun,  secretary  of  state  of  the  United  States,  and  the  Right  Honor- 
able Richard  Pakenham,  Her  Britannic  Majesty's  envoy  extraordinary  and  min- 
ister plenipotentiary,  both  duly  authorized  by  their  respective  Governments  to 
treat  of  the  respective  claims  of  the  two  countries  to  the  Oregon  territory,  with 
the  view  to  establish  a  permanent  boundary  between  the  two  countries  westward 
of  the  Rocky  mountains  to  the  Pacific  ocean.  The  conference  was  opened  by 
assurance  on  both  sides  of  the  desire  of  their  respective  Governments  to  approach 
the  question  with  an  earnest  desire,  and  in  the  spirit  of  compromise,  to  eflfect  an 
adjustment  consistent  with  the  honor  and  just  interests  of  either  party.  The 
plenipotentiaries  then  proceeded  to  examine  the  actual  state  of  the  question  as  it 
Stood  at  the  last  unsuccessful  attempt  to  adjust  it.  This  done,  the  American 
plenipotentiary  desired  to  receive  from  the  British  plenipotentiary  any  fresh  pro- 
posal he  might  be  instructed  to  offer  on  the  part  of  his  Government  towards 
effecting  an  adjustment.     The  British  plenipotentiary  said  he  would  be  ready  to 


R  ,  : . ;  it 


i8o 


brown's  politicai,  history. 


1845 


offer  such  a  proposal  at  their  next  conference,  hoping  that  the  American  plenijio- 
tentiary  would  he  ready  to  present  a  proposal  on  the  part  of  his  Government. 
The  conference  adjourned  to  meet  on  Monday,  the  26th  instant. 

J.  C.  CALHOUN. 

R.  I'AKENHAM. 

On  the  26th  of  August,  1844,  the  second  conference  was  held  between  the  re- 
spective plenipotentiaries  at  the  office  of  the  secretary  of  state.  The  British  plenipo- 
tentiary offered  a  paper  containing  a  proposal  for  adjusting  the  conflicting  claims 
of  the  two  countries.  The  American  plenipotentiary  declined  the  proposal.  Some 
remarks  followed  in  reference  to  the  claims  of  the  two  countries  to  the  territory, 
when  it  became  apparent  that  a  more  full  understanding  of  their  respective  views 
in  reference  to  them  was  necessary  at  this  stage,  in  order  to  facilitate  futut  a  proceed- 
ings. It  was  accordingly  agreed  that  written  statements  containing  their  views 
should  be  presented  before  any  further  attempt  should  be  made  to  adjust  them.  It 
was  also  agreed  that  the  American  Plenipotentiary  should  present  a  statement  at 
the  next  conference,  and  that  he  should  inform  the  British  Pleuipotentiar\'  when 
he  was  prepared  to  hold  it.  J.  C.  CALHOUN, 

R.  PAKENHAM. 


Proposals  offered  by  the  British  Plenipotentiary  at  the  secc    I  Conference. 

Whereas  the  proposals  made  on  both  sides  in  the  course  of  the  last  negoti- 
ation had  been  mutually  delivered,  Her  Majesty's  Government  were  prepared,  in 
addition  to  what  had  already  been  offered  on  the  part  of  Great  Britain, '  and  in 

I  The  precise  nature  and  terms  of  the  offer  on  the  part  of  Great  Britain  here  referred  to,  are 
shown  by  the  following  extracts  from  the  protocols  of  the  conferences  which  took  place  at  London  in 
1824  and  in  1826  : 
Protocols  of  the  twenty  third  conference  July  /?,  tSi4, — Extract  from  the  lirilish  fnifier  : 

"  The  boundary  line  between  the  territories  claimed  by  His  Hritannic -Majesty  and  those  claim- 
ed by  the  I'nited  States,  to  the  west  in  both  cases  of  the  Rocky  mountains,  shall  be  drawn  due  west 
along  the  forty-ninth  parallel  of  north  latitude,  to  the  point  where  that  parallel  strikes  the  great 
northeasternmost  branch  of  the  Oregon  or  Columbia  river — marked  in  the  maps  as  Mcllillvray's 
river  ;  thence  down  along  the  middle  of  the  Oregon  or  Columbia,  to  its  junction  with  the  Pacific 
ocean  ;  the  navigation  of  the  whole  channel  being  perpetually  free  to  the  stibjects  and  citizens  of 
both  parties  ;  the  said  subjects  and  citizens  being  also  reciprocally  at  liberty,  during  the  term  of  ten 
years  from  the  date  thereof,  to  pass  and  repass  by  land  and  by  water  ;  and  to  navigate,  with  their 
vessels  and  merchandise,  all  the  rivers,  bays,  harbors,  and  creeks,  as  heretofore,  ou  either  side  of 
the  above  mentioned  line  ;  and  to  trade  with  all  and  any  of  the  nations  free  of  duty  or  impost  of  any 
kind,  subject  only  to  such  local  regulations  as,  in  other  resjiects,  either  of  the  two  contracting  Pow- 
ers may  find  it  necessary  to  enforce  within  its  own  limits,  and  are  prohibited  from  furnishing  the 
nations  with  firearms  and  other  exceptionable  articles,  to  be  hereafter  enumerated  ;  and  it  is  further 
especially  agreed  that  neither  of  the  high  contracting  parties,  their  respective  subjects  or  citizens, 
shall  henceforward  form  any  settlements  within  the  limits  assigned  hereby  to  the  other,  west  of  the 
Rocky  mountains,  it  being  at  the  same  time  understood  that  any  settlements  already  formed  by  the 
British  to  the  south  and  east  of  the  boundary  line  above  described,  or  by  citizens  of  the  United 
States  to  the  north  and  west  of  the  same  line,  shall  continue  to  be  occupied  and  enjoyed,  at  the 
pleasure  of  the  present  proprietors  or  occupants,  without  let  or  hindrance  of  any  kind,  until  the 
expiration  of  the  above  mentioned  term  of  years  from  the  date  hereof." 
Protocol  0/  the  third  Conference  Dec.  i,  iSi6'. 

"  The  British  plenipotentiaries,  in  order  to  evince  the  earnest  desire  of  their  Government  to 
afford  every  facility  to  the  final  adjustment  of  the  question  of  boundary,  submitted  the  following 
terms  of  accommodation,  with  a  view  to  their  reference  to  the  Ameriain  Government. 

"  '  That,  considering  that  the  possession  of  a  safe  and  commodious  port  on  the  northwest  coast 
of  America,  fitted  for  the  reception  of  large  ships,  might  be  an  object  of  great  interest  and  import- 
ance to  the  United  States,  and  that  no  such  port  was  to  be  found  between  the  forty-second  degree  of 
latitude  and  the  Columbia  river,  in  still  adhering  to  that  river  as  a  basis.  His  Majesty's  Government 
was  willing  so  far  to  modify  her  former  proposal  as  to  concede,  as  far  as  she  was  concerned,  to  the 


1845 


PROVISIONAL   GOVERNMKNT. 


I8i 


proof  of  the  earnest  desire  to  arrive  at  an  arrangement  suitable  to  the  interests  and 
wishes  of  both  parties,  to  undertake  to  make  free  to  the  United  States  any  part,  or 
port  or  ports  which  the  I'nited  .States  Government  might  desire,  either  on  the 
main  land  or  on  Vancouver's  island  south  of  latitude  49°. 


On  vSeptember  2,  1S44,  the  third  conference  was  held,  at  the  office  ofthc  secre- 
tary of  state,  according  to  appointment.  The  American  plenipotentiary  presented 
a  written  statement  of  his  views  of  the  claims  of  the  United  Stau  'o  the  portion 
of  the  territory  drained  by  the  waters  of  the  Columbia  river  (markv.  .  v.),  and  con- 
taining his  reasons  for  declining  to  accept  the  proposals  offered  by  tht  British  plen- 
ipotentiary at  their  second  conference. 

J    c.  CAl.HOTTN, 

R.  PAKi'XllAM. 

On  Sfi'tember  12,  1844,  the  fourth  conference  was  held  al  ih<  office  of  the 
secretary  ol  State,  when  the  British  ])lenipoteiitiary  presented  his  statement 
(marked  I)),  counter  to  that  of  the  American  plenipotentiary  (markrd  A),  pre- 
sented at  the  preceding  conference.  J.  C.  CALHOUN, 

R.  PAKKNHAM. 

At  the  fifth  conference,  held  at  the  office  of  the  secretary  of  state,  on  the 
20th  of  September,  the  American  plenipotentiary  delivered  to  the  British  pleni- 
potentiary a  statement  ( marked  B ) ,  in  rejoinder  to  his  counter  statement  ( marked  A ) . 

J.  C.  CALHOUN, 
R.  PAKENHAM. 


'  illil 
I 


'i: 


The  sixth  conference  was  held  or.  the  24th  of  September,  1H44,  when  the  Brit- 
ish plenipotentiary  stated  that  he  had  read  with  due  attention  the  statement 
(marked  B|  presented  by  the  American  plenipotentiary  at  the  last  conference,  but 
that  it  had  not  weakened  the  impression  previously  entertained  by  him  with  re- 
gard to  the  claims  and  rights  of  Great  Britain,  as  explained  in  the  papi.'r  lately 
presented  by  him  imarked  I)).  That  reserving  for  a  future  occasion  suc.i  obser- 
vations as  he  might  wish  to  present,  by  way  of  explanation,  in  reply  to  the  state- 
ment last  presented  by  the  American  plenipotentiary,  he  was  for  the  present 
obliged  to  declare,  with  reference  to  the  concluding  part  of  that  statement,  that 
he  (lid  not  feel  authorized  to  enter  into  discussion  respecting  the  territory  north 
of  the  forty-ninth  parallel  of  latitude,  which  was  understood  by  the  British  Gov- 
ernment to  fonn  the  basis  of  negotiation  on  the  s:  't  of  the  United  States,  as  the 
line  of  the  Columbia  formed  that  on  the  side  of  Great  Britain.  That  the  pro- 
posal which  he  had  presented  was  offered  by  Great  Britain  as  an  honorable  com- 
promise of  the  claims  and  pretensions  of  both  parties,  and  that  it  would,  of  course, 


United  States,  the  possession  of  Port  Discoven.',  a  most  valuable  harlrar  on  the  southern  coast  of  De 
Kuc.t's  inlet  ;  and  to  annex  thereto  all  that  tract  of  country  comprised  within  a  line  to  be  drawn  from 
Cape  Flattery,  alon^  the  southern  shore  of  I)e  Fucas  inlet  to  Point  Wilson,  at  the  northwestern  ex- 
tremity of  Admiralty  inlet,  from  thence  alonj;  the  western  shore  of  that  inlet,  across  the  entrance  of 
Hood  s  inlet,  to  the  point  of  landing  forming  the  northwestern  extremity  of  the  said  inlet ;  from 
theuce  along  the  ensterii  shore  of  that  inlet  to  the  southern  extremity  of  the  same  ;  from  thence  di- 
rect to  the  southern  poin.  of  Gray's  harbor  ;  from  thence  along  the  shore  of  the  T'acific  ocean  to  Cape 
Flattery  as  before  mentioned.'  " 

"  '  They  were  further  willing  to  stipulate  tl'.at  no  works  should  at  any  time  be  erected  at  the 
entrance  of  the  river  Columbia,  or  upon  the  banks  of  the  same,  that  might  be  calculated  to  impede 
or  hinder  the  free  navigation  thereof  by  the  ves.sels  or  boats  of  either  party.'  " 


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182 


brown's  political  history. 


1845 


be  undersood  as  having  been  made  subject  to  the  condition  recorded  in  the  proto- 
col of  the  third  conference  held  between  the  respective  plenipotentiaries  in  London , 
in  December,  1826.1  j.  c.  CALHOUN, 

R.  PAKENHAM. 

The  seventh  conference  was  held  at  tL;  department  of  state,  on  the  i6th  of 
July,  1845,  between  the  honorable  James  Buchanan,  secretary  of  state,  the  Amer- 
ican plenipoteVLiary,  and  the  Right  Honorable  Robert  Pakenham,  the  British 
plenipotentiary,  when  the  pending  negotiation  respecting  the  Oregon  territory  was 
resumed.  The  American  plenipotentiary  presented  to  the  British  plenipotentiary 
a  statement  (marked  J  B),  bearing  date  12th  of  July,  1845,  made  in  compliance 
with  the  request  of  the  latter,  contained  in  his  statement  (marked  D),  that  the 
American  plenipotentiary  would  propose  an  arrangement  for  an  equitable  adjust- 
ment, of  the  question,  and  also  define  the  nature  and  extent  of  the  claims  of  the 
Ur'^.jd  States  to  the  territory  north  of  the  valley  of  the  Columbia. 

JAMES  BUCHANAN, 
R.  PAKENHAM. 

(A) 
(Mr.  Calhoun  to  Mr.  Pakenham.) 

Washington,  September  3,  1844. 

The  undersigned,  American  plenipotentiary,  declines  the  proposal  of  the 
British  plenipotentiary,  on  the  ground  that  it  would  have  the  effect  of  restricting 
the  possessions  of  the  United  States  to  limits  far  more  circumscribed  than  their 
claims  clearly  entitle  them  to.  It  proposes  to  limit  their  northern  boundary  by  a 
line  drawn  from  the  Rocky  mountains  along  the  forty-ninth  parallel  of  latitude  to 
the  northeastemmost  branch  of  the  Columbia  river,  and  thence  down  the  middle 
of  that  river  to  the  sea,  giving  to  Great  Britain  all  the  country  north,  and  to  the 
United  States  all  south  of  that  line,  except  a  detached  territorj'  extending  on  the 
Pacific  and  the  straits  of  Fuca,  from  Bulfinch's  harbor  to  Hood's  canal.  To  which  it 
is  proposed  in  addition,  to  make  free  to  the  United  States  any  port  which  the 
United  States  Government  might  desire,  either  on  the  main  land  or  on  Van- 
couver's island,  south  of  latitude  49°. 

By  turning  to  the  map  hereto  annexed,  and  on  which  the  proposed  boundary 
is  marked  in  pencil,  it  will  be  seen  that  it  assigns  to  Great  Britain  almost  the  en- 
tire region  (on  its  north  side)  drained  by  the  Columbia  river,  lying  on  its  northern 
bank.  It  is  not  deemed  necessary  to  state  at  large  the  claims  of  the  United  States 
to  this  territory,  and  the  grounds  on  which  they  rest,  in  order  to  make  good  the 
assertion  that  it  restricts  the  possessions  of  the  United  States  within  narrower 
bounds  than  they  are  clearly  entitled  to.  It  will  be  sufficient  for  this  purpose  to 
show  that  they  are  clearly  entitled  to  the  entire  region  drained  by  the  river ;  and 
to  the  establishment  of  this  point  the  undersigned  proposes  accordingly  to  limit 
his  remarks  at  present. 

Our  claims  to  the  portion  of  the  territory  drained  by  the  Columbia  river,  may 
be  divided  into  those  we  have  in  our  own  proper  right,  and  those  we  have  derived 

I  The  condition  here  referred  to  is  the  protest  contained  in  the  followinf?  extract  from  the  pro- 
tocol of  the  third  conference  held  on  the  ist  of  December,  1826  :  "The  British  plenipotentiaries 
•  •  *  protested  against  the  offer  of  concession  so  made  being  ever  taken  in  any  way  to  prejudice 
the  claims  of  Great  Britain  included  in  her  proposal  of  1S24  ;  and  declared  that  the  offer  now  made 
was  considered  by  the  British  Government  as  not  called  for  by  atiy  just  comparison  of  tht  groimds 
of  those  claims  and  of  the  counter  claim  of  the  United  States,  but  rather  as  a  sacrifice  which  the 
British  Government  had  consented  to  make,  with  a  view  to  obviate  all  evils  of  future  difference  in 
respect  to  the  territory  west  of  the  Rocky  mountains." 


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1845 


PROVISIONAL  GOVERNMENT. 


183 


from  France  and  Spain.  We  ground  the  former,  as  against  Great  Britain,  on 
priority  of  discovery  and  priority  of  exploration  and  settlement.  We  rest  our 
claim  to  discovery,  as  against  her,  on  that  of  Captain  Gray,  a  citizen  of  the 
United  States,  who,  in  the  ship  Columbia,  of  Boston,  passed  the  bur  and  anchored 
in  the  river,  ten  miles  above  the  month,  on  the  nth  of  May,  1792,  and  who  after- 
wards sailed  up  the  river  twelve  or  fifteen  miles,  and  left  on  the  20th  of  the  same 
month,  calling  it  Columbia  after  his  ship,  which  name  it  still  retains.  On  these  facts 
our  claim  to  the  discovery  and  entrance  into  the  river  rests.  They  are  too  well  attested 
to  be  controverted  ;  but  they  have  V)een  opposed  by  the  alleged  discoveries  of 
Meares  and  Vancouver.  It  is  true  that  the  former  explored  a  portion  of  the  coast 
through  which  the  Columbia  flows  into  the  ocean  in  1788  (five  years  before  Cap- 
tain Gray  crossed  the  bar  and  anchored  in  the  river),  in  order  to  ascertain  whether 
the  river,  as  laid  down  in  the  Spanish  charts  and  called  St.  Roe,  existed  or  not ; 
but  it  is  equally  true  that  he  did  not  discover  it.  Oji  the  contrary  he  expressly 
declares,  in  his  account  of  the  voyage,  as  the  result  of  his  observations,  that  "  we 
can  now  safely  assert  that  there  is  no  such  river  as  that  of  the  St.  Roe,  as  laid 
down  in  the  Spanish  charts,"  and,  as  if  to  perpetuate  his  disappointment,  he 
called  the  promontory  lying  north  of  the  inlet  where  he  expected  to  discover  it, 
Cape  Disappointment,  and  the  inlet  itself  Deception  bay.  It  is  also  true  that 
Vancouver,  in  April,  1792,  explored  the  same  coast;  but  it  is  no  less  so  that  he 
failed  to  discover  the  river,  of  which  his  own  journal  furnishes  the  most  con- 
clusive evidence,  as  well  as  his  strong  conviction  that  no  such  river  existed.  So 
strong  was  it,  indeed,  that  when  he  fell  in  with  Gaptain  Gray,  shortly  afterwards, 
and  was  informed  by  him  that  he  had  been  off  the  mouth  of  a  river  in  latitude 
46°  10'',  wlio.se  outlet  was  so  strong  as  to  prevent  his  entering,  he  remained  still 
incredulous,  and  strongly  expressed  himself  to  that  effect  in  his  journal.  It  was 
shortly  after  this  interview  that  Captain  Gray  again  visited  its  mouth,  crossed  its 
bar  and  sailed  up  the  river,  as  has  been  stated,  .\fter  he  left  it  he  visited  Nootka 
Sound,  where  he  coninmnicated  his  discoveries  to  Quadra,  the  Spanish  command- 
ant at  that  place,  anil  g  '.ve  him  a  chart  and  description  of  the  mouth  of  the  river.  ' 
After  his  departure,  Vancouver  arrived  there  in  September,  when  he  was  informed 
of  the  dis'^r-veries  of  Captain  Gray,  and  obtained  from  Quadra  copies  of  the  chart 
he  had  It.t  >\ith  him.  In  conseciuence  of  the  information  thus  obtained  he  was 
induced  to  visit  again  that  part  of  the  coast.  It  was  during  this  visit  that  he  en- 
tered the  river  on  ihe  2(ith  of  October  and  made  his  survey.  From  these  facts  it 
is  manifest  that  the  alleged  discoveries  of  Meares  and  Vancouver  cannot,  in  the 
slightest  degree,  shake  the  claim  of  Captain  Gray  to  priority  of  discovery.  In- 
deed, so  conclusive  is  the  evidence  in  his  favor,  that  it  has  been  attempted  to 
evade  our  claim  on  the  novel  and  wholly  untenable  ground  that  his  discovery  was 
made,  not  in  a  national,  but  in  a  private  vessel.  .Such,  and  soincontestible  is  the 
evidence  of  our  claim  as  against  Great  Britain — from  priority  of  discovery,  as  to 
Uie  mouth  of  the  river,  cossing  its  bar,  entering  it,  and  sailing  up  its  stream — on 
the  voyagf  of  Captain  Gray  alone,  without  taking  into  consideration  the  prior 
<liscovery  of  the  Spani.sh  navigator  Heceta,  which  will  be  more  particularly  re- 
ferred to  hereafter. 

Nor  is  the  evidence  of  the  priority  of  our  discovery  of  the  head-branches  of  the 
river  and  its  exploration  less  conclusive.  Before  the  treaty  was  ratified  by  which 
wc  Pcquired  Louisiana,  in  1S03,  an  expedition  was  planned— at  the  head  of  which 
were  placed  Meriwether  Lewis  and  William  Clarke— to  explore  the  river  Missouri 
and  its  principal  branches  to  their  sources,  and  then  to  seek  and  trace  to  its  termin- 
ation in  the  Pacific  some  stream,  "whether  the  Columbia,  the  Oregon,  the  Colora- 


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184 


BROWN  S    POUTICAL    HISTORY 


1845 


da,  or  any  other  which  might  offer  the  most  direct  and  practicable  water  commu- 
nication across  the  continent,  for  the  purpose  of  commerce."  The  party  began  to 
ascend  the  Missouri  in  May,  1804,  and,  in  the  summer  of  1805,  reached  the  head- 
waters of  the  Columbia  river.  After  crossing  many  of  the  streams  falling  into  it, 
they  reached  the  Kooskooskee,  in  latitude  43°  34'— descended  that  to  the  principal 
northern  branch,  which  they  called  Ivcwis — followed  that  to  its  junction  with  the 
great  northern  branch,  which  they  called  Clarke — thence  descended  to  the  mouth 
of  the  river,  where  they  landed  and  encamped  on  the  north  side,  on  Cape  Disap- 
pointment, and  wintered. 

The  next  spring  they  conmienced  their  return,  and  continued  their  explora- 
tions up  the  river,  noting  its  various  branches,  and  tracing  some  of  the  principal ; 
and  finally  arrived  at  St.  I^ouis,  in  September,  1806,  after  an  absence  of  two  years 
and  four  months.  It  was  this  important  expedition  which  brought  to  the  knowl- 
edge of  the  world  this  great  river — the  greatest  by  far  on  the  western  side  of  this 
continent — with  its  numerous  branches,  and  the  vast  regions  through  which  it 
flows,  above  the  point  to  which  Gray  and  Vancouver  had  ascended.  It  took  place 
many  years  before  it  was  visited  and  explored  by  any  subjects  of  Great  Britain,  or 
of  any  other  civilized  nation,  so  far  as  we  are  informed.  It  as  clearly  entitles  us 
to  the  claim  of  priority  of  discovery  as  to  its  head-branches,  and  the  exploration  of 
the  river  and  region  through  which  it  passes,  as  the  voyages  of  Captain  Gray  and 
the  Spanish  navigator,  Heceta,  entitles  us  to  priority,  in  reference  to  its  mouth,  and 
the  entrance  into  its  channel. 

Nor  is  the  priority  of  settlement  less  certain.  EstHblishments  were  formed  by 
American  citizens  on  the  Columbia  as  early  as  1809  and  1810.  In  the  latter  year  a 
companj'  was  formed  in  New  York,  at  the  head  of  which  John  Jacob  Astor,  a  wealthy 
merchant  of  that  city,  the  object  of  which  was  to  form  a  regular  chain  of  establish- 
ments on  the  Columbia  river  and  the  contiguous  coasts  of  the  Pacific  for  commer- 
cial purposes.  Rarly  in  the  spring  of  iSi  i,  they  made  their  first  cstablishme.1t  on 
the  south  side  of  the  river,  a  few  miles  above  Point  George,  where  they  were  visited 
in  Jiilv  following  by  Mr.  Thompson,  a  surveyor  and  astronomer  of  the  Northwest 
Ccinpauy,  and  his  party.  They  had  l)eeii  sent  out  by  that  company  to  forestall 
ihe  American  company  in  occupying  the  mouth  of  the  river,  hut  found  them- 
selves defeated  in  their  oly'ect. 

The  American  company  formed  two  other  connected  e.^tablishmcnts  higher  up 
the  river  ;  one  at  the  confluence  of  the  Okanogan  with  the  north  branch  of  the 
Columbia,  about  600  miles  above  its  mouth  ;  and  the  other  on  the  Spokane,  a 
stream  falling  into  the  north  branch,  some  50  miles  above.  These  posts  passed 
into  the  possession  of  (ireat  Britain  during  the  war  which  was  declared  the  next 
year,  but  it  was  provided  by  the  first  article  of  the  treaty  of  Ghent,  which  tcrn:inate<l 
it,  that  "all  territories,  places,  and  possessions  whatever,  taken  by  either  party 
from  the  other  during  the  war,  or  which  may  be  akcn  after  signing  of  the  treaty, 
excepting  the  islands  hereafter  mentioned  (in  the  Ray  of  I'undy),  shall  be  restored 
withou*^  delay."  Under  this  provision,  which  embraces  all  the  establishments  of 
the  American  Company  on  the  Columbia,  Astoria  was  formally  restored,  on  the 
6th  of  October,  iSi.S,  by  agents  duly  authorized  on  the  part  of  the  British  Govern- 
ment to  restore  the  possession,  and  to  an  agent  duly  authorized  on  the  part  of  the 
Government  of  the  I'nited  States  to  receive  it — which  placed  our  possession  where 
it  was  before  it  passed  into  the  hands  of  British  subjects.  Such  are  the  facts  on 
which  we  rest  our  claims  to  priority  of  discovery  and  priority  of  exploration  and 
settlement,  as  against  Great  Britain,  to  the  region  drained  by  the  Columbia  river. 
So  much  for  the  claims  we  have,  in  our  own  proper  right,  to  that  region. 


1845 


PROVISIONAL   GOVERNMRNT. 


185 


To  these  we  have  added  the  claims  of  France  and  Spain.  The  former  we  ob- 
tained by  the  t;  r.aty  of  Louisiana,  ratified  in  1803  ;  and  the  latter  by  the  treaty  of 
Florida,  ratified  in  1819.  By  the  former  we  acquired  all  the  rights  which  France 
had  to  Louisiana,  "  to  the  extent  it  now  has  (1803)  in  the  hands  of  Spain,  and  that 
it  had  when  France  possessed  it,  and  such  as  it  should  be  after  the  treaties  subse- 
quently entered  into  by  Spain  and  the  other  States."  By  the  latter,  his  Catholic 
Majesty  "  ceded  to  the  United  States  all  his  rights,  claims  and  pretensions"  to  the 
country  lying  west  of  the  Rocky  mountains,  and  north  of  a  line  drawn  on  the  42d 
parallel  of  latitude,  from  a  point  on  the  south  bank  of  the  Arkansas,  in  that  paral- 
lel, to  the  South  Sea — that  is,  to  the  whole  region  claimed  by  Spain  west  of  those 
mountains,  and  north  of  that  line.  The  cession  of  Louisiana  gave  us  undisputed 
title  west  of  the  Mississippi,  extending  to  the  sumniit  of  the  Rocky  mountains, 
and  stretching  south  between  that  river  and  those  mountains  to  the  possessions  of 
Spain,  the  line  between  which  and  ours  was  afterwards  determined  by  the  treaty  of 
Florida.  It  also  added  much  to  the  strength  of  our  title  to  the  region  beyond  the 
Rocky  mountains,  by  restoring  to  us  the  important  link  of  continuity  westward  to 
the  Pacific,  which  had  been  surrendered  by  the  treaty  of  1763 — as  will  be  hereafter 
shown. 

That  continuity  furnishes  a  just  foundation  for  a  claim  of  territory  in  connec- 
tion with  those  of  discovery  and  occupation,  would  seem  unquestionable.  It  is  ad- 
mitted by  all,  that  neither  of  them  is  limited  by  the  precise  spot  discovered  or 
occupied.  It  is  evident,  that  in  order  to  make  either  available,  it  must  extend  at 
least  some  distance  beyond  that  actually  discovered  or  occupied,  but  how  far,  as  an 
abstract  question,  is  a  matter  of  uncertainty.  It  is  subject,  in  each  case,  to  be  in- 
fluenced by  a  variety  of  considerations.  In  the  case  of  an  island,  it  has  been  usu- 
ally maintained  in  practice,  to  extend  the  claim  of  discovery  or  occupancy  to  the 
whole.  So,  likewise  in  the  case  of  a  river,  it  has  been  usual  to  extend  them  to  the 
entire  region  drained  by  it,  more  especially  in  a  case  of  discovery  and  settlement 
at  the  mouth  ;  and  emphatically  so,  when  accompanied  by  exploration  of  the  river 
and  the  region  through  which  it  flows.  ;^uch,  it  is  believed,  may  be  affirmed  to 
be  the  opinion  and  practice  iu  such  cases,  since  the  discovery  of  this  continent. 
How  far  the  claim  of  continuity  may  extend  in  other  cases  is  less  perfectly  defined, 
and  can  be  settled  only  by  reference  to  the  circumstances  attending  each. 

When  this  continent  was  fir.st  discovered,  Spain  claimed  the  whole,  in  virtue 
of  the  grant  of  the  Pope  ;  but  a  claim  so  extravagant  and  unreasonable  was  not  ac- 
quiesced in  b\-  other  countries,  and  could  not  long  be  maintained.  Other  nations, 
especially  England  and  France,  at  an  early  period,  contested  her  claim.  They 
fitted  out  voyages  of  discovery,  and  made  settlements  on  the  eastern  coasts  of 
North  America.  They  claimed  for  their  settlements,  usually,  specific  limits  along 
the  coasts  or  bays  on  which  they  were  formed,  and,  generally,  a  region  of  corres- 
ponding width,  extending  across  the  entire  continent  to  the  Pacific  ocean.  Such 
was  the  character  of  the  limits  assigned  by  England, in  the  charters  which  she  granted 
to  her  former  colonies,  now  the  T-iited  States,  when  there  were  no  special  reasons 
for  varying  from  it.  How  strong  she  regarded  her  claim  to  the  region  conveyed  by 
these  charters,  and  extending  we>^twardof  her  settlements,  the  war  between  her  and 
France,  which  was  terminated  by  the  treaty  of  Paris,  1763,  furnishes  a  striking  illus- 
tration. The  great  contest,  wliich  ended  so  gloriously  for  England,  and  afiected 
so  great  and  durable  a  change  on  this  continent,  commenced  in  a  conflict  between 
her  claims  and  those  of  France,  resting  on  her  side  on  this  verj'  right  of  continuity, 
extending  westward  from  her  settlements  to  the  Pacific  ocean,  and  on  the  part  of 
France,  on  the  same  right,  but  extending  to  the  region  drained  by  the  Mississippi 


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Ii  ri 


t ! 


•,  1 


1 86 


brown's  political,  history. 


1845 


and  its  waters,  on  the  jfround  of  settlement  and  exploration.  Their  respective 
claims,  which  led  to  the  war,  first  clashed  on  the  Ohio  river,  the  waters  of  which 
the  Colonial  charters,  in  their  western  extension,  covered,  but  which  France  had 
been  unquestionably  the  first  to  settle  and  explore.  If  the  relative  strength  of 
these  different  claims  may  be  tested  by  the  result  of  that  remarkable  contest,  that 
of  continuity  westward  must  be  pronounced  to  be  the  stronger  of  the  two.  Eng- 
land has  had  at  least  the  advantage  of  the  result,  and  would  seem  to  be  foreclosed 
against  contesting  the  principle — particularly  as  against  us,  who  contributed  so 
much  to  that  result,  and  on  whom  that  contest,  and  her  example,  and  her  preten- 
sions, from  the  first  settlement  of  our  country,  have  contributed  to  impress  it  so 
deeply  and  indelibly. 

But  the  treaty  of  1763,  which  terminated  thpt  memorable  and  eventful  struggle, 
yielded,  as  has  been  stated,  the  claims  and  all  the  chartered  rights  of  the  colonies 
beyond  the  Mississippi.  The  seventh  article  establishes  that  river  as  the  perma- 
nent boundary  between  the  possessions  of  Great  Britain  and  France  on  this  conti- 
nent. So  much  as  relates  to  the  subject  is  in  the  following  words  :  "  The  confines 
between  the  dominions  of  His  Britannic  Majesty  in  that  part  of  the  world  ( the 
continent  of  America)  shall  he  fixed  irrevocably  by  a  line  drawn  along  the  middle 
of  the  river  Mississippi,  from  its  source  to  the  river  Iberville  ;  and  from  thence  by  a 
line  drawn  along  the  middle  of  this  river,  and  the  lakes  Maurpas  and  Pontchartrain, 
to  the  sea,"  &c.  This  important  stipulation,  which  thus  establishes  the  Missis- 
sippi as  the  line  '  fixed  irrevocably"  between  the  dominions  of  the  two  countries 
on  this  continent,  in  effect  extinguishes  in  favor  of  F'^rance  whatever  claim  Great 
Britain  may  have  had  to  the  region  lying  west  of  the  Mississippi.  It  of  course 
could  not  affect  the  rights  of  Spain — the  only  other  nation  which  had  any  pretense  of 
claim  west  of  that  river  ;  but  it  prevented  the  right  of  continuity  previously  claimed 
by  Great  Britain  from  extending  beyond  it,  and  transferred  it  to  France.  The 
treaty  of  Louisiana  restored  and  vested  in  the  United  Stales  all  the  claims  acquired 
by  France  and  surrendered  by  Great  Britain,  under  the  provisions  of  that  treaty,  to 
the  country  west  of  the  Mississippi,  aud,  among  others,  the  one  in  question.  Certain 
it  is  that  France  had  the  same  right  of  continuity,  in  virtue  of  her  possession  of  Louis- 
iana, and  the  extinguishment  of  the  right  of  England,  by  the  treaty  of  1763,  to  the 
whole  country  west  of  the  Rocky  mountains,  and  lying  west  of  Louisiana,  as  against 
Spain,  which  England  had  to  the  country  west  of  the  Alleghany  mountains,  as 
against  France — with  this  difference,  that  Spain  had  nothing  to  oppose  to  the 
claim  of  France  at  the  time  but  the  right  of  discovery,  and  even,  that  England  has 
since  denied  ;  while  France  had  opposed  to  the  right  of  England,  in  her  case,  that 
of  discovery,  exploration  and  settlement.  It  is  therefore  not  at  all  surprising  that 
France  should  claim  the  country  west  of  the  Rocky  mountains  (as  may  be  inferred 
from  her  maps),  on  the  same  principle  that  Great  Britain  had  claimed  and  dispos- 
sessed her  of  the  regions  west  of  the  Alleghany  ;  or  that  the  United  States,  as  soon 
as  they  had  acquired  the  rights  of  France,  should  assert  the  same  claim,  and  take 
measures  immediately  after  to  explore  it,  with  a  view  to  occupation  and  settle- 
ment. But  since  then,  we  have  strengthened  our  title,  by  adding  to  our  own  pro- 
per claims,  and  those  of  France,  the  claims  also  of  Spain  by  the  treaty  of  Florida, 
as  has  been  stated. 

The  claims  which  we  have  acquired  from  her  between  the  Rocky  mountains 
and  the  Paci  fie  rests  on  her  priority  of  discovery.  Numerous  voyages  of  discovery, 
commencing  with  that  of  Maldonado,  in  1528,  and  ending  with  that  of  Galiano 
and  Valdes,  in  1792,  were  undertaken  by  her  authority  along  the  northwestern 
coast  of  North  .\merica,  that  they  discovered  and  explored   not  only  the  entire 


i845 


PROVISIONAL   GOVERNMENT. 


187 


W^ 


coast  of  what  is  now  called  the  Oregon  territory,  but  still  further  north,  is  a  fact 
too  well  established  to  be  controverted  at  this  day.  The  voyages  which  they  per- 
formed will  accordingly  be  passed  over  at  present  without  being  particularly  al- 
luded to,  with  the  exception  of  that  of  Heceta.  His  discovery  of  the  mouth  of 
the  Columbia  river  has  already  been  referred  to.  It  was  made  on  the  15th  day  of 
August  1775,  many  years  anterior  to  the  voyages  of  Meares  and  Vancouver,  and 
was  prior  to  Cook's  who  did  not  reach  the  northwestern  coast  until  1778.  The 
claims  it  gave  to  Spain  of  priority  of  discovery  were  transferred  to  us,  with  all 
others  belonging  to  her,  by  the  treaty  of  Florida ;  which  added  to  the  discoveries 
of  Captain  Gray,  places  our  right  to  the  discovery  of  the  mouth  and  entrance  into 
the  inlet  and  river  beyond  all  controversy.  It  has  been  objected  that  we  claim 
under  various  and  conflicting  titles,  which  mutually  destroy  each  other.  Such 
might  indeed  be  the  fact  while  they  were  held  by  diflferent  parties,  but  since  we 
have  rightfully  acquired  both  those  of  Spain  and  France,  and  concentrated  the 
whole  in  our  hands,  they  mutually  blend  with  each  other,  and  form  one  strong 
and  connecting  chain  of  titles  against  the  opposing  claims  of  all  others,  including 
Great  Britain. 

In  order  to  present  more  fully  and  perfectly  the  grounds  on  which  our  claims 
to  the  region  in  question  rest,  it  will  now  be  necessary  to  turn  back  to  the  time 
when  Astoria  was  restored  to  us,  under  the  provisions  of  the  treaty  of  Ghent,  and 
to  trace  what  has  since  occurred  between  the  two  countries  in  reference  to  the  ter- 
ritory, and  inquire  whether  their  respective  claims  have  been  affected  by  the  set- 
tlements since  made  in  the  territory  by  Great  Britain,  or  the  occurrences  which  have 
since  taken  place.  The  restoration  of  Astoria  took  place,  under  the  provision  of  the 
treaty  of  Ghent,  on  the  6th  day  of  October,  1818,  the  effect  of  which  was  to  put  Mr. 
Prevost,  the  agent  authorized  by  our  Government  to  recei'e  it,  in  possession  of 
the  establishment,  with  the  right  at  all  times  to  be  reinstated  and  considered  the 
party  in  possession,  as  was  explicitly  admitted  by  I^ord  Castlereagh  in  the  first 
negotiation  between  the  two  governments  in  reference  to  the  treaty.  The  words 
of  Mr.  Rush,  our  plenipotentiary  on  that  occasion,  in  his  letter  to  Mr.  Adams, 
then  secretary  of  state,  of  the  14th  of  February,  1818,  reporting  what  passed  be- 
tween him  and  his  lordship,  are  :  "  That  Lord  Castlereagh  admitted  in  the  most 
ample  extent  our  right  to  be  reinstated,  and  to  be  the  party  in  possession,  while 
treating  of  the  title. ' '  That  negotiation  terminated  in  the  convention  of  the  20th 
of  October,  1818,  the  third  article  of  which  is  in  the  following  words  : 

"  It  is  agreed  that  any  country  that  may  be  claimed  by  either  party  on  the 
northwest  coast  of  America,  westward  of  the  Stony  mountains,  shall,  together 
with  its  harbors,  bays  and  creeks,  and  the  navigation  of  all  rivers  within  the  same, 
be  free  and  open  for  the  term  of  ten  yeais  from  the  date  of  the  signature 
of  the  present  convention,  to  the  vessels,  citizens  and  subjects  of  the  two 
powers;  it  being  well  understood  that  this  agreement  is  not  to  be  construed 
to  the  prejudice  of  any  claim  which  either  of  the  two  high  contracting  parties 
may  have  to  any  part  of  the  said  country ;  nor  shall  it  be  taken  to  affect  the 
claims  of  any  other  power  or  state  to  any  part  of  the  said  country;  the  only  object 
of  the  high  contracting  parties  in  that  respect  being  to  prevent  disputes  and  differ- 
ences amongst  themselves." 

The  two  acts,  the  restoration  of  our  possession  and  the  signature  of  the  con- 
vention were  merely  contemporaneous — the  latter  taking  place  but  fourteen  days 
subsequently  to  the  former.  We  were  then,  as  admitted  by  Lord  Castlereagh, 
entitled  to  be  considered  as  the  party  in  possession ;  and  the  convention,  which 
stipulated  that  the  territory  should  be  free  and  open  for  the  term  of  ten  years 


f 


1 1 


i   i; 


m 


lit 


f'r 


i88 


brown's  political  history. 


1845 


from  the  date  of  its  signatures,  to  the  vessels,  citizens  and  subjects  of  the  two 
countries  without  prejudice  to  any  claim  which  either  party  may  have  to  any 
part  of  the  same,  preserved  and  perpetuated  all  our  claims  to  the  territory,  in- 
cluding the  acknowledged  right  to  be  considered  the  party  in  possession,  as  per- 
fectly during  the  period  of  its  continuance  as  they  were  the  <lay  the  convention 
was  signed.  Of  this  there  can  be  no  doubt.  After  an  abortive  attempt  to  adjust 
the  claims  of  the  two  parties  to  the  territoiy  in  1824,  another  negotiation  was 
commenced  in  1826,  which  terminated  in  renewing,  on  the  6th  of  August,  1827, 
the  third  article  of  the  convention  of  1818,  prior  to  its  expiration.  It  provitled 
for  the  indefinite  extension  of  all  the  provisions  of  the  third  article  of  that  con- 
vention, and  also  that  either  party  might  terminate  it  at  any  time  it  might  think 
fit,  by  giving  one  j-ear's  notice  after  the.  20th  of  October,  1828.  It  took,  however, 
the  precaution  of  providing  that  "  nothing  contained  in  this  convention,  or  in  the 
third  article  of  the  convention  of  the  20th  of  October,  1818,  hereby  continued  in 
force,  shall  be  construed  to  impair,  or  in  any  manner  affect,  the  claims  which 
either  of  the  contracting  parties  may  have  to  any  part  of  the  country  westward  of 
the  Stony  or  Rocky  mountains."  That  convention  is  now  in  force,  and  has  con- 
tinued to  be  so  since  the  expiration  of  that  of  1818.  By  the  joint  operation  of  the 
two,  our  right  to  be  considered  the  party  in  possession,  and  all  the  claims  we  had 
to  the  territory  while  in  possession,  are  preserved  in  full  vigor  as  they  were  at  the 
date  of  its  restoration  in  1818,  without  being  affected  or  impaired  by  the  settle- 
ments since  made  by  the  subjects  of  Great  Britain.  Time,  indeed,  so  far  from 
impairing  our  claims,  has  greatly  strengthened  them  since  that  period;  for  since 
the  treaty  of  Florida  transferred  to  us  all  the  rights,  claims  and  pretensions  of 
Spain  to  the  whole  territory,  as  has  been  stated.  In  consequence  of  this,  our 
claims  to  the  portion  drained  by  the  Columbia  river — the  point  now  the  subject 
of  consideration — have  been  much  strengthened  by  giving  us  the  incontestible 
claim  to  the  discovery  of  the  mouth  of  the  river  by  Heceta,  above  stated.  But  it 
is  not  in  this  particular  only  that  it  has  operated  in  our  favor.  Our  well-founded 
claim,  grounded  on  continuity,  has  greatly  strengthened,  during  the  same  period, 
by  the  rapid  advance  of  our  population  towards  the  territory,  as  well  as  the  greatly 
increased  facility  of  passing  to  the  territory  l)y  more  accessible  routes,  and  the 
far  stronger  and  rapidly  swelling  tide  of  population  that  has  recently  commenced 
flowing  into  it. 

When  the  first  convention  was  concluded,  in  1818,  our  whole  population  did 
not  exceed  9,000,000  of  people.  The  portion  of  it  inhabiting  the  States  in  tlie 
great  valley  of  the  Mississippi  was  probably  under  1,700,000,  of  which  not  more 
than  200,000  were  on  the  west  side  of  the  river.  Now  our  population  may  be  safely 
estimated  at  not  less  than  19,000,000 — of  which  at  least  8,000,000  inhabit  the  States 
and  Territories  in  the  valley  of  the  Mississippi,  and  of  which  upwards  of  1,000,000 
are  in  the  States  and  Territories  west  of  that  river.  This  portion  of  our  population 
is  now  increasing  far  more  rapidly  than  ever,  and  will,  in  a  short  time,  fill  the 
whole  tier  of  States  on  the  western  bank.  To  this  great  increase  of  population, 
especially  in  the  valley  of  the  Mississippi,  may  be  added  the  increased  facility  of 
reaching  the  Oregon  territory,  in  consequence  of  the  discovery  of  the  remarkable 
pass  in  the  Rocky  mountains  at  the  head  of  the  La  Platte.  The  depression  is  so 
great,  and  the  pass  so  smooth,  that  loaded  wagons  now  travel  with  facility  from 
Missouri  to  the  navigable  waters  of  the  Columbia  river.  These  joint  causes  have 
had  the  effect  of  turning  the  current  of  our  population  towards  the  territory,  and  au 
emigration  estimated  at  not  less  than  1,000  during  the  last,  and  1,500  during  the 
present  year,  has  flowed  into  it. 


1845 


1845 


i845 


PROVISIONAL   GOVERNMENT. 


189 


The  current  thus  commenced,  will  no  doubt  continue  to  flow  with  increased 
volume  hereafter.  There  can,  then,  be  no  doubt  now  that  the  operation  of  the 
same  cause  which  impelled  our  population  westward  from  the  shores  of  the  Atlan- 
tic, across  the  Alleghany  to  the  valley  of  the  Mississippi,  will  impel  them  onward 
with  accumulating  forces  across  the  Rocky  mountains  into  the  valley  of  the  Co- 
lumbia, and  that  the  whole  region  drained  by  it  is  destined  to  be  peopled  by  us. 

Such  are  our  claims  to  that  portion  of  the  territory,  and  the  grounds  on  which 
they  rest.  The  undersigned  believes  them  to  be  well  founded,  and  trusts  that  the 
British  plenipotentiary  will  see  in  them  sufficient  reasons  why  he  should  decline 
his  proposal.  The  undersigned  plenipotentiary  abstains  for  the  present  from  pre- 
senting the  claims  which  the  United  States  may  have  to  other  portions  of  the 
territory. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  the  British  pleni- 
potentiary the  assurance  of  his  high  consideration. 

R.  Pakenham,  Esq.,  &c.  J.  C.  CALHOUN. 


(Mr. 


(D.) 
Pakenham  to  Mr.  Calhoun.) 

Washington,  September  12,  1844. 

The  undersigned,  British  plenipotentiary,  has  studied  with  much  interest  and 
attention  the  statement  (marked  A.)  presented  by  the  American  plenipotentiary, 
setting  forth  the  grounds  on  which  he  declines  the  proposals  offered  by  the  British 
plenipotentiary  as  a  compromise  of  the  difficulties  of  the  Oregon  question. 

The  arrangement  contemplated  by  that  proposal  would,  in  the  estimation  of 
the  American  plenipotentiary,  have  the  effect  of  restricting  the  possessions  of  the 
United  States  to  limits  far  more  circumscribed  than  their  claim  clearly  entitles 
them  to.  The  claims  of  the  United  States  to  the  portion  of  territory  drained  by  the 
Columbia  river,  are  divided  into  those  adduced  by  the  United  States  in  their  own 
proper  right,  and  those  which  they  have  derived  from  France  and  Spain.  The 
former,  as  against  Great  Britain,  they  ground  on  priority  of  discovery  and  priority 
of  exploration  and  settlement. 

The  claim  derived  from  France  originates  in  the  treaty  of  1S03,  by  which  Lou- 
isiana was  ceded  to  the  United  States,  with  all  its  rights  and  appurtenances,  as  fully 
and  in  the  same  manner  as  they  had  been  acquired  by  the  French  Republic  ;  and 
the  claim  derived  from  Spain  is  founded  on  the  treaty  concluded  with  that  power 
in  the  year  1S19,  whereby  his  Catholic  Majesty  ceded  to  the  United  States  all  his 
rights,  claims,  and  pretensions  to  the  territories  lying  cast  and  north  of  a  certain 
line  terminating  on  the  Pacific,  in  the  42d  degree  of  north  latitude. 

Departing  from  the  order  in  which  these  three  separate  claims  are  presented 
by  the  American  plenipotentiary,  the  British  plenipotentiary  will  first  beg  leave  to 
observe,  with  regard  to  the  claim  derived  from  F'rance,  that  he  has  not  been  able 
to  discover  any  evidence  tending  to  establish  the  belief  that  Louisiana,  as  origin- 
ally possessed  by  France,  afterwards  transferred  to  Spain  then  retroceded  by  Spain 
to  France,  and  ultimately  ceded  by  the  latter  power  to  the  United  States,  extended 
in  a  westerly  direction  beyond  the  Rocky  mountains.  There  is  on  the  other  hand, 
strong  reason  to  suppose  that  at  the  time  when  Louisiana  was  ceded  to  the  United 
States,  its  acknowledged  western  boundary  was  the  Rocky  mountains.  Such  ap- 
pears to  have  been  the  opinion  of  President  Jefferson,  iinder  whose  auspices  the 
acquisition  of  Louisiana  was  accomplished.  In  a  letter  written  by  him  in  August, 
1805,  are  to  be  found  the  following  words  : 


p 


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i 


's   I! 

(I 


Ki-I 


It, 


1  I. 


190 


HROWN  S    POLITICAL    HISTORY. 


^«45 


"  The  boundaries  (of  Louisiana),  which  I  deem  not  admittia)^  question  are  the 
high  lands  on  the  western  side  of  the  Mississippi  ;  enclosing  all  its  waters  (the 
Missouri  of  course),  and  terminating  in  the  line  drawn  from  the  northwest  point  of 
the  Lake  of  the  Woods,  to  the  nearest  source  of  the  MisBissippi,  as  lately  settled 
between  Great  Britain  and  the  United  States." 

In  another  and  more  formal  document,  dated  in  July,  1807 — that  is  to  say, 
nearly  a  year  afler  the  return  of  Lewis  and  Clarke  from  their  expedition  to  the 
Pacific,  and  fifteen  years  afler  Gray  had  entered  the  Columbia  river — is  recorded  Mr. 
Jefferson's  opinion  of  the  impolicy  of  giving  offense  to  Spain  by  any  intimation 
that  the  claims  of  the  United  States  extended  to  the  Pacific  ;  and  we  have  the  au- 
thority of  an  American  historian,  distinguished  for  the  attention  and  research  which 
he  has  bestowed  on  the  whole  subject  of  the  Oregon  territory,  fur  concluding  that 
the  western  boundaries  of  Louisiana,  as  it  was  ceded  by  France  to  the  I'nited 
States,  were  those  indicated  by  nature — namely,  the  highlands  separating  the 
waters  uf  the  Mississippi  from  those  falling  into  the  Pacific.  I-Voni  the  acquisition 
then,  of  Louisiana,  as  it  was  received  from  France,  it  seems  clear  that  the  United 
States  can  deduce  no  claim  to  that  territory  west  of  the  Rocky  mountains.  But, 
even  if  it  were  otherwise,  and  if  France  had  even  possessed  or  asserted  a  claim  to 
territory  west  of  the  Rocky  mountains,  as  appertaining  to  the  territory  of  Louisi- 
ana, that  claim,  whatever  it  mtght  be,  was  necessarily  transferred  to  Spain  when 
Louisiana  vvas  ceded  to  that  Power  in  1762,  and  of  course  became  subject  to  the 
provisions  of  the  treaty  between  Spain  and  Great  Britain  of  179*^,  which  effectually 
abrogated  the  claim  of  Spain  to  exclusive  dominion  over  the  unoccupied  parts  of 
the  American  continent. 

To  the  observations  of  the  American  plenipotentiary,  the  effect  of  continuity  in 
furnishing  a  claim  to  territory,  the  undersigned  has  not  failed  to  pay  due  attention  ; 
but  he  submits  that  what  is  said  on  this  head  may  more  properly  be  considered  as 
demonstrating  the  greater  degree  of  interest,  which  the  United  States  possess  by 
reason  of  contiguity  in  acquiring  territory  in  that  direction,  than  .  s  affecting,  in 
any  way,  the  question  of  right.  The  undersigned  will  endeavor  to  show  hereafler 
that,  in  the  proposal  to  put  in  on  the  »  art  of  Great  Britain,  the  natural  expectations 
of  the  United  States,  on  the  ground  of  ;ontiguity,  have  not  been  disregarded.     Next 

\d  from  Spain. 

hat  by  the  treaty  of  1819,  Spain  did  convey 
e  power  to  dispose  of  on  the  northwest  coast 
t  latitude  ;  but  she  could  not  by  that  trans- 
tiich  she  had,  by  a  previous  transaction,  ac- 
.*r. 


comes  to  be  examined  the  claim  der 

It  must,  indeed,  be  acknowledge 
to  the  United  States  all  that  she  had  > 
of  America,  north  of  the  42d  parallel 
action  annul  or  invalidate  the  rights 
knowledged  to  belong  to  another  Po- 

By  the  treaty  of  28th  of  October, 


1790,  Spain  acknowledged  in  Great  Britain 
certain  rights  with  respect  to  those  parts  of  the  western  coast  of  America  not  already 
occupied.  This  acknowledgment  had  reference  especially  to  the  territory  which 
forms  the  subject  of  the  present  negotiation.  If  Spain  could  not  make  good  her 
own  right  to  exclusive  dominion  over  those  regions,  still  less  could  she  confer  such 
a  right  on  another  power  ;  and  hence.  Great  Britain  argues,  that  from  nothing  de- 
duced from  the  treaty  of  1810  can  the  United  States  assert, a  valid  claim  to  exclus- 
ive dominion  over  any  part  of  Oregon  territory.  There  remains  to  be  considered 
the  claim  advanced  by  the  United  States  on  the  ground  of  prior  discovery  and 
prior  exploration  and  settlement. 

In  that  part  of  the  memorandum  of  the  American  plenipotentiary  which  speaks 
of  the  Spanish  title,  it  is  stated  that  the  mouth  of  the  river,  afterwards  called  the 


Hifvn 


'  I 


1845 


PROVISIONAL   GOVERNMENT. 


191 


Columbia  river,  was  first  discovered  by  the  Spanish  navigator  Ileceta.  The  admis- 
sion of  this  act  would  appear  to  be  altoge'.aer  irreconcilable  with  a  claim  to  prior- 
ity of  discovery  from  anything  ace  tmplished  by  Captain  Gray.  To  one,  and  to  one 
only,  of  those  commanders,  can  be  couce<lc-!  the  merit  of  first  discovery.  If  Heceta's 
claim  is  acknowledged,  then  Captain  Gray  is  no  longer  the  discoverer  of  the 
Columbia  river.  If,  on  the  other  hand,  preference  is  given  to  the  achievement  of 
Captain  Gray,  then  Heceta's  discovery  ceases  to  be  of  any  value.  Rut  it  is  argued 
that  the  United  States  now  represent  both  titles— the  title  of  Heceta  and  the  title 
of  Gray, — and  therefore  that  under  one  or  the  other,  it  matters  not  which,  enough 
can  be  shown  to  establish  a  case  of  prior  discovery  as  against  Great  Hritain.  This 
may  be  true,  as  far  as  relates  to  the  act  of  first  seeing  and  first  entering  the  mouth 
of  the  Columbia  river;  but,  if  the  Spanish  claim  to  prior  discovery  is  to  prevail, 
whatever  rights  may  thereon  be  founded  are  necessarily  restricted  by  the  stipula- 
tions of  the  treaty  of  1790.  which  forbid  a  claim  to  exclusive  possession.  If  the 
act  of  Captain  Gray,  in  passing  the  '  ar  and  actually  entering  the  river,  is  to  super- 
cede the  discovery  of  the  entrance — which  is  all  that  is  attributed  to  Heceta — then, 
the  principle  of  progressive  or  gradual  discovery  being  admitted  as  conveying,  in 
proportion  to  the  extent  of  discovery  being  admitted  as  conveying  in  proportion  to 
the  extent  of  discover^  or  exploration,  superior  rights,  the  operations  of  Vancouver 
in  entering,  surveying  and  exploring  to  a  considerable  distance  inland,  the  river 
Columbia,  would,  as  a  necessary  consequence,  supercede  the  discovery  of  Captain 
Gray,  to  say  nothing  of  the  act  of  taking  possession  in  the  name  of  his  sovereign, 
which  ceremony  was  duly  performed  and  authentically  recorded  by  Captain  Van- 
couver. 

This  brings  us  to  an  examination  of  the  conflicting  claims  of  Great  Britain 
and  the  United  States  on  the  ground  of  discovery,  which  may  be  said  to  form  the 
essential  point  in  the  discussion,  for  it  has  above  been  shown  that  the  claim  de- 
rived from  France  must  be  considered  as  of  little  or  no  weight,  while  that  derived 
from  Spain,  in  as  far  as  relates  to  exclusive  dominion,  is  neutralized  by  the  stipu- 
lations of  the  Nootka  convention.  It  will  be  admitted  that,  when  the  United 
States  became  an  independent  nation,  they  possessed  no  claim,  direct  or  indirect,  to 
the  Columbia  territory.  Their  western  boundary  in  those  days  was  defined  by 
the  treaty  of  1783.  Great  Britain,  on  the  contrary,  had  at  that  time  already  directed 
her  attention  to  the  northwest  coast  of  America,  as  is  sufficiently  shown  by  the 
voyages  and  discoveries  of  Captain  Cook,  who,  in  1778,  visited  and  explored  a 
great  portion  of  it,  from  latitude  44°  northward.  That  Great  1  ritain  was  the  first 
to  acquire  what  may  be  called  a  beneficial  interest  in  those  reg.  ans  by  commercial 
intercourse  will  not  either  be  denied.  In  proof  of  this  fact,  we  have  the  voyages  of 
several  British  subjects,  who  visited  the  coast  and  adjacent  islands  previously  to  the 
dispute  with  Spain  ;  and  that  her  commerce,  actual  as  well  as  prospective,  in  that 
part  of  the  world  was  considered  a  matter  of  great  national  importance,  is  shown 
by  the  resolute  measures  which  she  took  for  its  protection  when  Spain  mauifested 
a  disposition  to  interfere  with  it.  . 

The  discoveries  of  Mears,  in  1788,  and  the  complete  e"rvc;y  of  the  coast  and  its 
adjacent  islands,  from  about  latitude  40°  northwards,  which  was  affected  by  Cap- 
tain Vancouver,  in  1792,  1793  and  1794,  would  appear  to  give  Great  Britain,  as 
against  the  United  States,  as  strong  a  claim,  on  the  ground  of  discovery  and  explo- 
ration coastwise,  as  can  well  be  imagined,  limited  only  by  what  was  accomplished 
by  Captain  Gray,  at  the  mouth  of  the  Columbia — which  so  far  as  discovery  is  con- 
cerned, forms  the  strong  point  o  -.  th-^  American  side  of  the  question.  In  point  01 
accuracy  and  authenticity,  it  is  believed  that  the  performances  of  Cook  and  Van 


!  I  Ft" 


m 


192 


brown's  political  history 


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couver  stand  pre-eminently  superior  to  those  of  any  country  whose  vessels  had  in 
those  days  visited  the  northwest  coast ;  while  in  point  of  value  and  importance, 
surely  the  discovery  of  a  single  harbor,  although  at  the  mouth  of  an  important 
river,  cannot,  as  giving  a  claim  to  territory,  be  placed  in  competiton  with  the  vast 
extent  of  discovery  and  survey  accomplished  by  the  British  navigators.  As  regards 
exploration  inland,  entire  justice  must  be  done  to  the  memorable  exploit  of  MM. 
Lewis  and  Clarke  ;  but  those  distinguished  travelers  were  not  the  first  who 
effected  a  passage  across  the  Oregon  territory  from  the  Rocky  mountains  to  the 
Pacific.  As  far  back  as  1733,  that  feat  had  been  accomplished  by  Mackenzie,  a 
British  subject.  In  the  course  of  this  expedition,  Mackenzie  explored  the  upper 
waters  of  a  river  called  Fraser's  river,  which  in  process  of  time  was  traced  to  its 
junction  with  the  sea,  near  t,  49th  degree  of  latitude ;  thus  forming,  in  point  of 
exploration,  a  counterpoise  to  the  exploration  of  that  part  of  the  Columbia  which 
which  was  first  visited  by  Lewis  and  Clarke. 

Priority  of  settlement  is  the  third  plea  on  which  the  American  claim  proper  is 
made  to  rest.  In  181 1,  an  establishment  for  the  purpose  of  trade  was  formed  at 
the  south  side  of  the  Columbia  river,  near  its  mouth,  by  certain  American  citizens. 
This  establishment  passed  during  the  war  into  the  hands  of  British  subjects  ;  but 
it  was  restored  to  the  American  Government  in  the  year  1818,  by  an  understanding 
between  the  two  Governments.  Since  then  it  has  not,  however  been  really  occu- 
pied by  Americans.     This  is  the  case  of  priority  of  settlement. 

The  American  plenipotentiary  lays  some  stress  on  the  admission  attributed  to 
Lord  Castlereagh,  then  principal  secretary  of  state  for  foreign  affairs,  that  "the 
American  Government  had  the  most  ample  right  to  be  reinstated,  and  to  be  con- 
sidered the  party  in  possession  while  treating  of  the  title."  The  undersigned  is 
not  inclined  to  dispute  an  assertion  resting  on  such  respectable  authority  ;  but  he 
must  observe,  in  the  first  place,  that  the  reservation  implied  by  the  words  "  while 
treating  of  the  title,"  exclude?  any  inferences  which  might  otherwise  be  drawn 
from  the  preceding  words  prejudicial  to  the  title  of  Great  Britain  ;  and  further, 
that  when  the  authority  of  the  American  minister  is  thus  admitted  for  an  observa- 
tion which  is  pleaded  against  England,  it  is  but  fair  that,  on  the  part  of  the  United 
States,  credit  should  be  given  to  England  for  the  authenticit}' of  a  dispatch  from 
Lord  Castlereagh  to  the  British  minister  at  Washington,  which  was  communicated 
verbally  to  the  Government  of  the  United  States,  when  the  restoration  of  the  estab- 
lishment called  Astoria,  or  Fort  George,  was  in  contemplation,  containing  a  com- 
plete reservation  of  the  rights  of  England  to  the  territory  at  the  mouth  of  the  Co- 
lumbia.— (Statement  of  the  British  plenipotentiaries,  Dec.  1876. 1  In  fine,  the 
present  state  of  the  question  between  the  two  Governments  appears  to  be  this : 
Great  Britain  possesses  and  extrcises  in  common  with  the  United  vStates  a  right  of 
joint  occupancy  in  the  Oregon  territory,  of  which  right  she  can  be  divested  with 
respect  to  any  part  o^  that  territory,  only  by  an  equitable  partition  of  the  whole 
between  the  two  powers  It  is  for  obvious  reasons,  desirable  that  such  a  partition 
should  take  place  as  soon  as  possible,  and  the  difficulty  appears  to  be  in  devising  a 
line  of  demarkation  which  shall  have  leave  to  each  party  that  precise  portion  of 
the  territory  best  suited  to  its  interests  and  convenience. 

The  British  Government  entertained  the  hope  that  by  the  proposal  lately  sub- 
mitted for  the  consideration  of  the  American  Government,  that  object  would  have 
been  accomplished.  According  to  the  arrangement  therein  ccntempiated,  the 
northern  boundary  of  the  United  States,  west  of  the  Rocky  nioi.utains,  would,  for 
a  considerable  distance,  be  carried  along  the  same  parallel  of  latitude  which  forms 
their  northern  boundary  of  the  eastern  side  of  these  mountains — thus  uniting  the 


^T I 


1845 


PROVISIONAL   GOVERNMENT. 


193 


present  eastern  boundary  of  the  Oregon  territory  with  the  western  boundary  of  the 
United  States,  from  the  49th  parallel  downwards.  From  the  jioint  where  the  49th 
degree  of  latitude  intersects  the  northeastern  branch  of  the  Columbia  river  (^called 
in  that  part  of  its  course,  McGillvary's  river),  the  proposed  line  of  boundary  would 
be  along  the  middle  of  that  river  till  it  joins  the  Columbia  ;  then  along  the  middle 
of  the  Columbia  to  the  ocean — the  navigation  of  the  river  remaining  perpetually 
free  to  both  parties.  In  addition.  Great  Britain  offers  a  separate  territory  on  the 
Pacific,  possessing  an  excellent  harbor,  with  a  further  understanding  that  any  port 
or  ports,  whether  on  Vancouver's  island,  or  on  the  continent  south  of  the  49tli  par- 
allel, to  which  the  United  States  might  desire  to  have  access,  shall  be  made  free 
ports.  It  is  believed,  that  by  this  arrangement  ample  justice  would  be  done  to  the 
claim  of  the  United  States  on  whatever  ground  advanced,  with  relation  to  the  Ore- 
gon territor)'.  As  regards  extent  of  territory,  they  would  obtain  acre  for  acre, 
nearly  half  of  the  entire  territory  to  be  divided.  As  relates  to  the  navigation  of  the 
principal  river,  they  would  enjoy  a  perfect  equality  of  right  with  Great  Britain  ; 
and  with  respect  to  harbors,  it  will  be  seen  that  Great  Britain  shows  every  disposi- 
tion to  consult  their  convenience  in  that  particular.  On  the  other  hand,  were 
Great  Britain  to  abandon  the  line  of  the  Columbia  as  a  frontier,  and  to  surrender 
her  right  to  the  navigation  of  tha  river,  the  prejudice  occasioned  to  her  by  such  an 
arrangement  would,  beyond  all  proportion,  exceed  the  advantage  accruing  to  the 
United  States  from  the  possession  of  a  few  square  miles  of  territory.  It  must  be 
obvious  to  every  impartial  investigator  of  the  subject,  that,  in  adhering  to  the  line 
of  the  Columbia,  Great  Britain  is  not  influenced  by  motives  of  ambition,  with  ref- 
erence to  extent  of  territory,  but  by  considerations  of  utility,  not  to  say  necessity, 
which  cannot  be  lost  'ight  of,  and  for  which  allowance  ought  to  be  made,  in  an 
arrangement  professing  to  be  based  on  considerations  of  mutual  convenience  and 
advantage. 

The  undersigned  believes  he  has  now  noticed  all  the  arguments  advanced  by 
the  American  plenipotentiary,  in  order  to  show  that  the  United  States  are  fairly 
entitled  to  the  entire  region  drained  by  the  Columbia  river.  He  sincerely  regrets 
that  their  views  on  tl.is  subject  shovdd  differ  in  so  many  essential  respects.  It  re- 
mains for  him  to  request  that,  as  the  American  plenipotentiary  declines  the  propo- 
sal offered  on  the  part  of  (ireat  Britain,  he  will  have  the  goodness  to  state  what 
arrangement  he  is,  or  the  part  „.f  the  United  States,  prepared  to  propose  for  an 
equitable  adjustment  of  the  question,  and  more  especially  that  he  will  have  the 
goodness  to  define  the  nature  and  extent  of  the  clai::i=  v.hich  the  United  States  may 
have  to  other  portions  of  the  territory,  to  which  allusion  is  made  in  the  concluding 
part  of  his  statement,  as  it  is  obvious  that  no  arrangement  can  be  made  with  re- 
spect to  a  portion  of  the  territory  in  dispute,  while  a  claim  is  reserved  to  any  por- 
tion of  remainder 

The  undersigned  British  plenipotentiary  has  the  honor  to  renew  to  the  Ameri- 
can plenipotentiary  the  assurance  of  his  high  considcralicn. 

R.   PAKENIIAM. 


(B.) 

(Mr.  Calhoun  to  Mr.  Fakkn-ham.) 

DKI'ARTMRNT  ov  Statk,  \ 

Washington,  20th  September,  1844.    ( 

The  undersigned  American  plenipotentiary,  has  read  with  attention  the  counter 

statement  of  the  British  plenipotentiary,  but  w'^'uiut  weakening  his  confidence  in 

the  validity  of  the  title  of  the  United  States  to  the  territory,  as  set  forth  in  hisstate- 


;    ! 


■|.  I 


=  \   i 


:if 


I   iHIBit 


!,t. 


■     1 

■  1 

mI 

\k 

■     J: 
,:     ■     I 

I  ,       .  ;i 

194 


brown's  political  history 


1845 


ment  (marked  A.)  As  therein  set  forth,  it  rests,  in  the  first  place,  on  priority  of 
discovery,  sustained  by  their  own  proper  claims,  and  those  derived  from  Spain 
throuj^h  the  treaty  of  Florida.  The  undersigned  does  not  understand  the  countcr- 
statemcut  as  denying  that  the  Spanish  navigators  \vere  the  first  to  discover  and  ex- 
plore the  entire  coast  of  the  Oregon  territory  ;  nor  that  Heceta  was  the  first  who 
discovered  the  mouth  of  the  Columbia  river  ;  nor  that  Captain  Gray  was  the  first 
to  pass  its  bar,  enter  its  mouth,  and  sail  up  its  stream  ;  jior  that  these  jointly  held 
by  the  United  States,  would  give  them  the  priority  of  discovery  which  they  claim. 
On  the  contrary,  it-  would  seem  that  the  counter-statement,  from  the  ground  it 
takes,  admits  such  would  be  the  case  on  that  supposition  ;  for  it  assumes  that  Spain, 
by  the  Nootka  Sound  convention  in  1790,  divested  herself  of  all  claims  to  the  terri- 
tory, founded  on  the  prior  discovery  and  explorations  of  her  navigators,  and  that 
she  could  consequently  transfer  none  to  the  United  States  by  the  treaty  of  Florida, 
Having  put  aside  the  claims  of  vSpain  by  this  assumption,  the  counter-statement 
next  attempts  to  oppose  the  claims  of  the  United  States  by  those  founded  on  the 
voyages  of  Captains  Cook  and  Meares,  and  to  supersede  the  discovery  of  Captain 
Gray,  on  the  ground  that  Vancouver  sailed  further  up  the  Columbia  river  than  he 
did,  although  he  effected  it  by  the  aid  of  his  discoveries  and  chartt.  It  will  not  be 
expected  of  the  undersigned  that  he  should  seriously  undertake  to  repel  what  he  is 
constrained  to  regard  as  a  mere  assumption,  unsustained  by  any  reason.  It  is  suf- 
ficient, on  his  part,  to  say  that  in  his  opinion,  there  is  nothing  in  the  Nootka 
Sound  convention,  or  in  the  transactions  which  led  to  it,  or  in  the  circumsluices 
attending  it,  to  warrant  the  assumption.  The  convention  relates  wholly  to  other 
subjects,  and  contains  not  a  word  in  reference  to  the  claims  of  Spain.  It  is  on  this 
assumption  that  the  counter-statement  rests  its  objection  to  the  well  founded 
American  claims  to  priority  of  discovery.  Without  it,  there  would  not  be  a  plaus- 
ible objection  left  to  thcni. 

The  two  next  claims  on  which  the  United  States  rests  their  title  to  the  terri- 
tory, as  set  forth  in  statement  (.\.),  are  founded  on  their  own  proper  right,  and 
cannot  possibly  he  affected  by  the  assumed  claims  of  Great  Britain,  derived  from 
the  Nootka  convention.  The  first  of  these  is  priority  of  discovery  and  exploration 
of  the  headwaters  and  upper  portions  of  the  Columbia  river  by  Lewis  and 
Clarke  ;  by  which  that  great  stream  was  first  brought  to  the  knowledge  of  the 
world,  with  the  exception  of  a  small  portion  near  the  ocean,  including  its 
month.  This  counter-statement  admits  ;  but  attempts  to  set  off  against  it  the  prior 
discovery  of  Mackenzie  of  the  headwaters  of  the  Frazer'f  river — quite  an  inferior 
stream,  which  drains  the  northern  portion  of  the  territory.  It  is  clear  that,  what- 
ever right  Great  Britain  may  derive  from  his  discovery,  it  can,  in  no  degree,  atTect 
the  right  of  tlie  United  .States  in  the  region  drained  by  the  Columbia,  which  may 
be  emphatically  called  the  river  of  the  territory. 

The  next  of  these,  founded  on  their  own  proper  right,  is  priority  of  settlement. 
It  is  not  denied  by  the  counter-statement,  that  we  formed  the  first  settlements  in 
the  portion  of  the  territory  drained  by  the  Columbia  river  ;  nor  does  it  deny  that 
Astoria,  the  most  considerable  of  them,  was  restored,  under  the  third  article  of  the 
treaty  of  Ghent,  by  agents  on  the  part  of  (ireat  Britain,  duly  authorized  to  make 
the  restoration,  to  an  agent  on  the  part  of  the  United  States  duly  authorized  to  re- 
ceive it.  Nor  does  it  deny  that,  in  virtue  thereof,  they  have  the  right  to  be  rein- 
stated, and  considered  the  party  in  possession  while  treating  of  tlie  title,  as  was 
admitted  by  Lord  Castlereagh  in  the  negotiation  of  1818  ;  nor  that  the  convention 
of  1818,  signed  a  few  days  after  the  restoration,  and  that  of  1827,  which  is  still  in 
force,  have  preserved  and  perpetuated  until  now  all  the  rights   they  possessed  to 


"?fi5ni 


f 


1845 


PROVISIONAL   GOVERNMENT. 


195 


the  territory  at  the  time,  including  that  of  being  reinstated  and  considered  the 
party  in  possession  while  the  question  of  title  is  depending,  as  is  now  the  case.  It 
is  true,  it  attempts  to  weaken  the  effect  of  those  implied  admissions — in  the  first 
place,  by  designating  positive  treaty  stipulations  as  "an  understanding  between 
two  Governments  ;"  but  a  change  of  phraseology  cannot  possibly  transform  treaty 
obligations  into  a  mere  understanding  ;  and,  in  the  next  place,  by  stating  that  we 
have  not,  since  the  restoration  of  Astoria,  actually  occupied  it,  but  that  cannot 
possibly  affect  our  right  to  be  reinstated,  and  to  be  considered  in  possession,  secur- 
ed to  us  by  the  treaty  of  Ghent,  implied  in  the  act  of  restoration,  and  since  pre- 
served by  positive  treaty  stipulations.  Nor  can  the  remarks  of  the  counter-state- 
ment in  reference  to  Lord  Castlereagh's  admission  weaken  our  right  of  posses- 
sion, secured  by  the  treaty,  and  its  formal  and  unconditional  restoration  by  duly 
authorized  agents. 

It  is  in  these,' and  not  on  the  denial  of  the  authenticity  of  Lord  Castlereagh's 
dispatch,  that  the  United  States  rests  their  right  of  possession,  whatever  verbal 
communication  the  British  minister  may  have  made  at  the  time  to  our  Secretary 
of  State  ;  and  it  is  on  these  that  they  may  safely  rest  it,  setting  aside  altogether 
the  admission  of  Lord  Castlereagh.  The  next  claims  on  which  our  title  to  the  ter- 
ritory rests  are  those  derived  from  Spain  by  the  treaty  ceding  Louisiana  to  the 
United  States,  including  those  she  derived  from  Great  Britain  by  the  treaty  of  1763. 
It  established  the  Mississippi  as  "  the  irrevocable  boundary  between  the  territories 
of  France  and  Great  Britain  ;"  and  thereby  the  latter  surrendered  to  hVance  all  her 
claims  on  this  continent  west  of  that  river,  including  of  course,  all  within  the 
chartered  limits  of  her  colonies,  which  extended  to  the  Pacific  ocean.  On  these, 
united  with  those  of  France  as  the  pt)Ssessor  of  Louisiana,  we  rest  our  claim  of 
continuity,  as  extending  to  that  ocean,  without  an  opposing  claim,  except  that  of 
Spain,  which  we  have  since  acquired,  and  consequently  removed,  by  the  treaty  of 
Florida.  The  existence  of  these  claims  the  counter  statement  denies,  on  the  au- 
thority of  Mr.  Jefferson  ;  but,  as  it  appears  to  the  undersigned,  without  adequate 
reasons.  He  does  not  understand  Mr.  Jefferson  as  denying  that  the  United  States 
acquired  any  claim  to  the  Oregon  territory  by  the  acquisition  of  Louisiana,  either 
in  his  letter  of  1803,  referred  to  by  the  counter-statement,  and  from  which  it  also 
refers.  It  is  manifest,  from  tiie  extract  itself,  that  the  object  of  Mr.  Jefferson  was 
not  to  state  the  extent  of  the  claims  acijuired  with  Louisiana,  i)ut  simply  to  state 
how  far  its  unquestioned  boundaries  extended  ;  and  these  he  limits  westwardly  b}- 
the  Rocky  mountains.  It  is,  in  like  manner,  manifest  from  the  document,  as  cited 
by  the  counter-statement,  that  his  object  was  not  to  deny  that  our  claims  extended 
to  the  territory,  but  simply  to  express  his  opinion  of  the  impolicy,  in  the  then 
state  of  our  relation:;  with  Spain,  of  bringing  them  forward.  This,  .so  far  from 
denying  that  we  had  claims,  admits  them  by  the  clearest  implication.  If,  indeed, 
in  either  case,  his  opinion  had  been  equivocally  expressed,  the  prompt  measures 
adopted  by  him  to  explore  the  territory,  after  the  treaty  was  negotiated,  but  be- 
fore it  was  ratified,  clearly  show  that  it  was  his  opinion  not  only  that  wc  had  ac- 
quired claims  to  it,  but  highly  important  claims,  which  deserved  prompt  attention. 
In  addition  to  this  denial  to  our  claims  ot  the  territory  on  the  authority  of  Mr. 
Jefferson,  which  the  evidence  relied  on  does  not  seem  to  sustain,  the  counter-state- 
ment intimates  an  objection  to  continuity  as  the  foundation  of  a  right,  on  the 
ground  that  it  may  ti'.orc  jiropcrly  be  considered  ( to  use  his  own  words)  as  demon- 
strating the  greater  degree  of  the  interest  which  the  United  States  possessed  by 
reason  of  contiguity,  in  ac<juiring  territory  in  a  westward  direction.  Contiguity 
may,  indeed,  be  regarded  as  one  of  the  elements  constituting  the  right  of  continu- 


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brown's  political  history. 


1845 


ity — which  is  more  comprehensive — and  is  necessarily  associated  with  the  right  of 
occupancy,  as  has  been  shown  in  statement  A.  It  also  shows  that  the  laws  which 
usage  has  established  in  the  application  of  the  right  to  this  continent,  gave  to  the 
European  settlements  on  its  eastern  coasts  an  indefinite  extension  westward.  It  is 
now  too  late  for  Great  Britain  to  deny  a  right  on  which  she  has  acted  so  long,  and 
by  which  she  has  profited  so  much  ;  or  to  regard  it  as  a  mere  facility,  not  affecting 
in  any  way  the  question  of  right.  On  what  other  right  has  she  extended  her 
claims  westwardly  to  the  Pacific  ocean  from  her  settlements  around  Hudson's  Bay  ? 
or  expelled  France  from  the  east  side  of  the  Mississippi,  in  the  war  which  termina- 
ted in  1763  ? 

As  to  the  assumption  of  the  counter-statement,  that  Louisiana,  while  in  the 
possession  of  Spain,  became  subject  to  the  Nootka  Sound  convention — which,  it 
is  alleged,  abrogated  all  rights  of  Spain  to  the  territory,  including  those  acquired 
with  Louisiana — it  will  be  time  enough  to  consider  it,  after  it  shall  be  attempted  to 
be  shown  that  such,  in  reality  was  the  efFect.  In  the  meantime  the  United  States 
must  continue  to  believe  that  they  acquired  from  France,  by  treaty  of  Louisiana, 
important  and  substantial  claims  to  the  territory.  The  undersigned  canno^^  assent 
to  the  conclusion  to  which,  on  a  review  of  the  whole  ground,  the  counter-statement 
arrives,  that  the  present  state  of  the  question  is,  that  Great  Britain  possesses  and  ex- 
ercises, in  common  with  the  United  States,  a  right  of  joint  occupancy  in  the  Ore- 
gon territory,  of  which  she  can  be  divested  only  by  an  equitable  partition  of  the 
whole  between  the  two  Powers.  He  claims,  and  he  thinks  he  has  shown,  a  clear 
title  on  the  part  of  the  United  States  to  the  whole  region  drained  by  the  Columbia, 
with  the  right  of  being  reinstated  and  considered  the  party  in  possession,  while 
treating  of  the  title — in  which  character  he  must  insist  on  their  being  considered, 
in  conformity  with  positive  treaty  stipulations.  He  cannot,  therefore,  consent  that 
they  shall  be  regarded,  during  the  negotiation,  mei'ely  as  occupants  in  common 
with  Great  Britain.  Nor  can  he,  while  thus  regarding  their  rights,  present  a  coun- 
ter-proposal, leased  on  the  supposition  of  a  joint  occupancy  merely,  until  the  ques- 
tion of  title  to  the  territory  is  fully  discussed.  It  is,  in  his  opinion,  only  after  such 
discussion,  which  shall  fully  present  the  titles  of  the  parties  respectively  to  the  ter 
ritory,  that  their  claims  to  it  can  be  fairly  and  satisfactorially  adjusted.  The  United 
States  desire  only  what  they  deem  themselves  justly  entitled  to  ;  and  are  unwilling 
to  take  less. 

With  their  present  opinion  of  their  title,  the  British  plenipotentiary  must  see 
that  the  proposal  which  he  made  at  the  second  conference,  and  which  he  more 
fully  sets  forth  in  his  counter-statement,  falls  far  short  of  what  they  believe  them- 
selves justly  entitled  to.  In  reply  to  the  request  of  the  British  plenipotentiary, 
that  the  undersigned  should  define  the  nature  and  extent  of  the  claims  which  the 
United  vStates  have  to  the  other  portions  of  the  territory,  and  to  which  allusion  is 
made  in  the  concluding  part  of  document  A.,  he  has  the  honor  to  inform  him,  in 
general  terms,  that  they  are  derived  from  Spain  by  the  Florida  treaty,  and  are 
founded  on  the  discoveries  and  explorations  of  her  navigators  ;  and  which  they 
must  regard  as  giving  them  a  right  to  the  extent  to  which  they  can  be  established, 
unless  a  better  can  be  opposed. 

Thk  Right  Hon.  R.  Pakenham.  J.  C.  CALHOUN, 


1845  PROVISIONAL   GOVERNMENT.  1 97 

(J.   B.) 
(Mr.   BUCHAIS'AN  TO    Mr.    Pakenham.) 

Department  of  State,     \ 
Washington,  July  12th,  1845.  j 

The  undersigned.  Secretary  of  State  of  the  United  States,  now  proceeds  to  re- 
snuic  the  negcliations  on  the  Oregon  question,  at  the  point  where  it  was  left  by 
his  predecessor.  The  British  plenipotentiary,  in  his  note  to  Mr.  Calhoun  of  the 
I2th  vSeptembcr  last,  requests  that  "as  the  American  plenipotentiary  declines  the 
proposal  offered  on  the  part  of  Great  Britain,  he  will  have  the  goodness  to  state 
what  arrangement  he  is,  on  the  part  of  the  United  States,  prepared  to  propose  for 
an  equitable  adjustment  of  the  question  ;  and  more  especially  that  he  will  have 
the  goodness  to  define  the  nature  and  extent  of  the  claims  which  the  United  States 
may  liave  to  other  portions  of  the  territory,  to  which  allusion  is  made  in  the  con- . 
eluding  part  of  his  statement,  as  it  is  obvious  that  no  arrangement  can  be  made 
with  respect  to  a  part  of  the  territory  in  dispute  while  a  claim  is  reserved  to  any 
portion  of  the  remainder."  The  Secretary  of  State  will  now  proceed  (reversing 
the  order  in  which  these  requests  have  been  made),  in  the  first  place,  to  present 
the  title  of  the  United  States  to  the  territory  north  of  the  valley  of  the  Columbia  ; 
and  will  then  propose,  on  the  part  of  the  President,  the  terms  upon  which,  in  his 
opinion,  this  long  pending  controversy  may  be  justly  and  equitably  terminated  be- 
tween the  parties. 

The  title  of  the  United  States  to  that  portion  of  the  Oregon  territory  between 
the  valley  of  the  Columbia  and  the  Russian  line,  in  54°  40'  north  latitude,  is  re- 
corded in  the  Florida  treaty.  Under  this  treaty,  dated  on  the  22d  February,  1819, 
Spain  ceded  to  the  United  .States  all  her  "  rights,  claims  and  pretensions"  to  any 
territories  west  of  the  Rocky  mountains  and  north  of  the  32d  parallel  of  latitude. 
We  contend  that,  at  the  date  of  this  cession,  Spain  had  a  good  title,  as  against 
Great  Britain,  to  the  whole  Oregon  territory ;  and,  if  this  be  established,  the  ques- 
tion is  decided  in  favor  of  the  United  States.  But  the  American  title  is  now  en- 
countered at  every  step  by  declarations  that  we  hold  it  subject  to  all  the  conditions 
of  the  Nootka  Sound  convention  between  Great  Britain  and  Spain,  signed  at  the 
Escurial  on  the  2.Slh  of  October,  1790.  Great  Britain  contends  that,  under  this 
convention,  the  title  of  Spain  was  limited  to  a  common  right  of  joint  occupancy 
with  herself  over  the  whole  territory.  To  employ  the  language  of  the  British  plen- 
ipotentiary :  "  If  Spain  could  not  make  good  her  own  right  of  exclusive  douun- 
ion  over  those  regions,  still  less  could  she  confer  such  a  right  on  another  power; 
and  hence  Great  Britain  argues  that  from  nothing  deduced  from  the  treaty  of  1819 
can  the  United  States  assert  a  valid  claim  to  exclusive  dominion  over  any  part  of 
the  Oregon  territory." 

Hence  it  is  that  Great  Britain,  resting  her  pretensions  on  the  Nootka  Soitnd 
convetition,  has  necessarily  limited  her  claim  to  a  nicie  right  of  joint  occupancy 
over  the  whole  territory,  in  common  with  the  United  States,  as  the  successor  of 
Spain,  leaving  the  right  of  exclusive  dominion  in  abeyance.  It  is,  then,  of  the 
first  importance  that  wc  should  ascertain  the  true  construction  and  meaning  of  the 
Nootka  vSouud  convention.  If  it  shoidd  appear  that  this  treaty  was  transient  in  its 
very  nature — that  it  conferred  upon  Great  Britain  no  right  but  that  of  meiely  trad- 
ing with  the  Indians  while  the  country  shoidd  remain  unsettled,  and  making  the 
necessary  establishments  for  this  purpose — that  it  did  not  interfere  with  the  ulti- 
mate sovereignty  of  Spain  over  the  territory  ;  and,  above  all,  that  it  was  annulled 
by  the  war  between  Spain  and  Great  Britain  in  1796,  and  has  never  since  been  re- 


:mi 


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!. 


newed  by  the  parties — then  the  British  claim  to  any  portion  of  this  territory  will 
prove  to  be  destitute  of  any  foundation.  It  is  unnec-'.^ary  to  detail  Lhe  circum- 
stances out  of  which  this  convention  arose.  It  is  sufficieni  to  say  that  John  Moarcs, 
a  B.-itish  subject,  sailing  under  the  Portuguese  flag,  landed  ?.t  Nootka  S-und,  in 
1788,  and  made  a  temporary  establishment  there  for  the  piiniosc  of  building  a  ves- 
sel ;  and  that  the  Spaniards,  in  1789,  took  possession  of  this  establishment,  under 
the  orders  of  the  Viceroy  of  Mexico,  who  claimed  for  Spain  the  exclusive  sover- 
eignty of  the  whole  territory  on  the  northwest  coast  of  America  up  to  the  Russian 
line. 

Meares  appealed  to  the  British  Government  for  redress  against  vSpain,  and  the 
danger  of  war  between  the  two  nations  became  imminent.  This  was  prevented  by 
the  conclusion  of  the  Nootka  Sound  convention.  That  convention  provides,  by  its 
first  and  second  articles,  for  the  restoration  of  the  lands  and  l)uildings  of  which 
■  the  subjects  of  Great  Britain  had  been  disposssesd  by  the  Spaniards,  and  the  pay- 
ment of  an  indemnity  for  the  injuries  sustained.  This  indemnity  was  paid  by  Spain  , 
but  sufficient  evidence  has  been  adduced,  that  neither  Nootka  Sound,  or  any  other 
spot  upon  the  coast,  was  ever  actually  surrendered  by  that  Power  to  Great  Britain. 
All  we  know  with  certainty  is,  that  Spain  continued  in  possession  of  Nootka  Sound 
until  1795,  when  sh?  voluntarily  abandoned  the  place. 

Since  that  period,  no  attempt  has  been  made  (unless  very  recently)  by  Great 
Britain  or  her  subjects,  to  occupy  either  this  or  any  other  part  of  Vancouver's  Is- 
laii:l.  It  is  thus  manifest,  that  she  did  not  formerly  attach  much  importance  to 
the  exercise  of  the  rights,  whatever  they  may  have  been,  which  she  had  ?■  quired 
under  tne  Nootka  vSound  convention.  The  only  other  portion  of  this  convention 
important  for  the  present  discussion  will  be  be  found  in  the  third  and  fifth  articles. 
They  arc  as  follows  ;  "Art.  3.  In  order  to  strengthen  the  bonds  of  friendship, 
and  to  preserve  in  future  a  perfect  harmony  and  good  understanding  between  the 
two  contracting  parties,  it  is  agreed  that  their  respective  subjects  shall  not  be  dis- 
turbed or  molested,  either  in  navigating  or  carrying  on  their  fisheries  in  the  Pacific 
ocean  or  in  the  South  Sea,  or  in  landing  on  the  coast  of  those  seas  in  places  not 
already  occupied,  for  the  purpose  of  carrying  on  their  commerce  with  the  natives 
of  the  country,  or  of  making  settlements  there  ;  the  whole  subject,  nevertheless,  to 
the  restrictions  specified  in  the  three  following  articles. "  The  material  one  of  which 
is — "Art.  5.  As  well  in  the  places  which  are  to  be  restored  to  the  British  sub- 
jects, by  virtue  of  the  first  article,  as  in  all  other  parts  of  the  northwestern  coasts 
of  North  America,  or  of  the  islands  adjacent,  situate  to  the  north  parts  of  the  said 
coa~'  already  occupied  by  Spain,  whenever  the  subjects  of  cither  of  the  two  Powers 
sh-ii .  have  made  settlements  since  the  month  of  April,  1789,  or  shall  hereafter 
ma'  -^ny,  the  subjects  of  the  other  shall  have  free  access,  and  shall  carry  on 
then  vade  without  any  disturbance  or  molestation." 

It  may  be  observed  as  a  striking  fact  which  must  have  an  important  bearing 
against  the  claim  of  Great  Britain,  that  this  convention,  which  was  dictated  by  her 
to  Spain,  conta-ns  no  provision  impairing  the  ultimate  sovereignty  which  that 
Power  had  asserted  for  nearly  three  centuries  over  the  whole  western  side  of  North 
America  as  far  north  as  the  6ist  degree  of  latitude,  and  which  had  never  been  seri- 
ously questioned  by  any  European  nation.  This  right  has  been  maintained  by 
Spain  with  the  most  vigilant  jealousy  ever  since  the  discovery  of  the  American 
continent,  and  had  been  acquiesced  in  by  all  European  Governments.  It  had  been 
admitted  even  beyond  the  latitude  of  54°  40'  north  by  Russia,  then  the  only  Power 
Slaving  claims  which  come  in  collision  with  Spain  ;  and  that  too  under  a  sovereign 
peculiarly  tenacious  of  the  territorial  rights  of  her  empire.     This  will  appear  from 


1845 


PROVISIONAL   GOVERNMriNT. 


199 


the  letter  of  Count  dc  Fenian  Nunez,  the  Spanisli  embassador  at  Paris,  to  M.  de 
Monttnorin,  the  Secretary  of  the  Foreign  Department  of  France,  dated  Paris,  June 
16,  1790.  From  this  letter,  it  seems  that  complaints  had  been  made  b\-  vSpain  to 
the  court  of  Russia  against  Russian  subjects  for  violating  the  Spanish  territory  on 
the  northwest  coast  of  America,  south  of  the  61st  degree  of  north  latitude  ;  in  con- 
sequence of  which,  that  court,  without  delay,  assured  the  King  of  Spain  "that  it 
was  extremely  sorry  that  the  repeated  orders  issued  to  prevent  the  subjects  of  Rus- 
sia from  violating  in  the  smallest  degree,  the  territory  belonging  to  another  Power, 
should  have  been  disobeyed." 

This  convention  of  1790  recognizes  no  right  in  Great  Britain ,  either  present  or  pro- 
spective, to  plant  permanent  colonies  on  the  northwest  coast  of  America,  or  to  ex- 
ercise such  exclusive  jurisdiction  over  any  portion  of  it  as  is  essential  to  sovereignty. 
Gerat  Britain  obtained  from  Spain  all  she  then  desired — a  mere  engagement  tliat  her 
subjects  should  "not  be  disturbed  or  molested  "  "in  landing  on  the  coasts  of  those 
seas  in  places  already  occupied,  for  the  purpose  of  carrying  on  their  commerce  with 
the  natives  of  the  country,  or  of  making  settlements  there."  What  kind  of  settle- 
ments ?  This  is  not  specified  ;  but  surely  their  character  and  duration  are  limited 
by  the  object  which  the  contracting  parties  had  in  view.  They  must  have  been 
such  only  as  were  necessary  and  proper  "  for  the  jvarpose  of  carrying  on  commerce 
with  the  natives  of  the  country."  Were  these  settlements  intended  to  expand  into 
colonies,  to  expel  the  natives,  to  deprive  Spain  of  her  sovereign  righ  ts,  and  to  confer 
the  exclusive  jurisdiction  over  Ihe  whole  territory  on  Great  Britain  ?  Surely,  Spain 
never  designed  any  such  results  ;  and  if  Great  Britain  has  obtained  these  conces- 
sions by  the  Nootka  Sound  convention,  it  has  been  by  the  most  extraordinary  con- 
struction ever  imposed  upon  human  language.  But  this  convention  also  stipulates 
that  these  settlements  which  might  be  made  by  the  one  party  "  the  subjects  of  the 
other  shall  have  free  access,  and  shall  carry  on  their  trade  without  any  disturbance 
or  molestation."  What  trade  ?  Certainly  that  "  with  the  natives  of  the  country." 
as  prescribed  in  the  third  article  ;  and  this,  from  the  very  nature  of  things,  could 
continue  only  while  the  country  should  remain  in  the  possession  of  the  Indian. 
On  no  other  construction  can  this  convention  escape  from  the  absurdities  attribu- 
ted to  it  by  British  statesmen,  when  under  discussion  before  the  House  of  Com- 
mons. ' '  In  every  place  in  which  we  might  settle  (  said  Mr. — afteward  Earl — Grey), 
access  was  left  for  the  Spaniards.  When  we  might  form  a  settlement  on  one  hill, 
they  might  erect  a  fort  on  another  ;  and  a  merchant  must  run  all  the  risks  of  a  dis- 
covery, and  all  the  expenses  of  an  establishment,  for  a  property  which  was  liable  to 
be  the  subject  of  continual  dispute,  and  could  never  be  placed  upon  a  permanent 
footing."  Most  certainly,  this  treaty  was,  in  its  very  nature,  ^temporary  ;  and  tne 
rights  of  Great  Britain  under  it  were  never  intended  to  "be  placed  upon  a  perma- 
nent footing."  It  was  to  endure  no  longer  than  the  existence  of  those  peculiar 
causes,  which  called  it  into  being.  vSuch  a  treaty  creating  British  and  Spanish 
settlements  intermingled  with  each  other,  and  dotted  over  the  whole  surface  of  the 
territory,  wherever  a  British  or  Spanish  merchant  could  find  a  spot  favorable  for 
trade  with  the  Indians,  never  could  have  been  intended  for  a  permanent  arrange- 
ment between  civilized  nations.  But  whatever  may  be  the  true  construction  of  the 
Nootka  Sound  convention,  it  has,  in  the  opinion  of  the  undersigned,  long  since 
ceased  to  exist. 

The  general  rule  of  national  law  is,  that  war  terminates  all  subsisting  treaties 
between  the  belligerant  powers.  Great  Britain  has  maintained  this  rule  to  its  ut- 
most extent.  Lord  Bathurst,  in  negotiating  with  Mr.  Adams,  in  1815,  says,  "that 
Great  Britain  knows  of  no  exception  to  the  rule  that  all  treaties  are  put  an  end 


r 

f 

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f  ■  3 


itiill 


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200 


brown's  political  history. 


1845 


to  by  subsequent  war  between  the  same  parties."  Perhaps  the  only  exception  to 
this  rule — if  such  it  may  be  styled — is  that  of  a  treaty  recognizing  certain  sovereign 
rights  as  belonging  to  a  nation,  which  had  previously  existed,  independently  of 
any  treaty  engagement.  These  rights,  which  the  treaty  did  not  create,  but  merely 
acknowledged,  cannot  be  destroyed  by  war  between  the  parties.  Such  was  the 
acknowledgment  of  the  fact,  by  Great  Britain,  under  the  definitive  treaty  of  17H3, 
that  the  United  vStatcs  were  "free,  sovereign,  and  independent."  It  will  scarcely 
be  contended  that  the  Nootka  Sound  convention  belongs  to  this  class  of  treaties. 
It  is  difficult  to  imagine  any  case  in  which  a  treat}'  containing  mutual  engagements, 
still  remaining  unexecuted,  would  not  be  abrogated  by  war.  The  Nootka  Sound 
convention  is  strictly  of  this  character. 

The  declaration  of  war,  therefore,  by  Spain  against  Great  Britain,  in  October, 
1796,  annulled  its  provisions,  and  freed  the  parlies  from  its  obligations.  The  whole 
treaty  consisted  of  mutual  express  engagements  to  be  performed  by  the  contracting 
parties.  Its  most  important  article  (the  third),  in  reference  to  the  present  discus- 
sion, does  not  even  grant,  in  aflfirmative  terms,  the  right  to  the  contracting  parties 
to  trade  with  the  Indians,  and  to  make  settlements.  It  merely  engages  in  negative 
terms,  that  the  subjects  of  the  contracting  parties  "  shall  not  be  disturbed  or  mo- 
lested," in  the  exercise  of  these  treaty  privileges.  Surely  this  is  not  such  an  en- 
gagement as  will  continue  to  exist  in  despite  of  war  between  the  parties.  It  is 
gone  forever,  unless  it  has  been  revived  in  express  terms  by  the  treaty  of  peace,  or 
some  other  treaty  between  the  parties.  Such  is  the  principleof  p-'  lie  law,  and  the 
practice  of  civilized  nations.  Has  the  Nootka  Sound  convention  been  thus  revived? 
This  depends  entirely  upon  the  true  construction  of  the  additional  articles  to  the 
treaty  of  Madrid,  which  was  signed  on  the  28th  of  August,  iSi4,and  contained  the 
onl}-  agreement  between  the  parties  since  the  war  of  1756,  for  the  renewal  of  en- 
gagements existing  previous  to  the  latter  date.  The  first  of  the  additional  articles 
of  this  i.reaty  provides  as  follows  :  "  It  is  agreed  that  pending  the  negotiation  of 
a  new  treaty  of  commerce,  Great  Britain  shall  be  admitted  to  trade  with  Spain 
upon  the  same  conditions  as  those  which  existed  previous  to  1 796  ;  all  the  treaties 
of  commerce  which  at  that  period  subsisted  between  the  two  nations  being  hereby 
ratified  and  confirmed." 

Tlie  first  observation  to  be  made  upon  this  article  is,  that  it  is  confined  in 
terms  to  the  trade  with  Spain,  and  does  not  embrace  her  colonies  or  remote  terri- 
tories. These  had  always  been  closed  against  foreigners.  Spain  had  never  con- 
ceded the  privilege  of  trading  with  her  colonies  to  any  nation,  except  in  the  single 
instance  of  the  Asiento,  which  was  abrogated  in  1740  ;  nor  did  any  of  the  treaties 
of  commerce  which  .were  in  force  between  the  two  nations  previous  to  1795,  make 
such  a  concession  to  Great  Britain.  That  this  is  the  true  construction  of  the  first 
additional  article  of  the  treaty  of  Madrid,  appears  conclusively  from  another  part 
of  the  instrument.  Great  Britain,  by  an  irresistible  inference,  admitted  that  she 
had  acquired  no  right  under  it  to  trade  with  the  colonies,  or  remote  territories  of 
Spain  when  she  obtained  a  stipulation  in  the  same  treaty,  that,  "in  the  event  of 
the  commerce  of  the  vSpanish  American  possessions  l)eing  opened  tt>  foreign  nations. 
His  Catholic  Majesty  promises  that  Great  Britain  .shall  be  admitted  to  trade  with 
those  possessions  as  the  most  favored  nations."  But  even  if  the  first  additional  ar- 
ticle of  the  treaty  of  i<Si4  were  not  thus  expressly  limited  to  the  revival  of  the  trade 
of  Great  Britain  with  the  kingdom  of  Spain  in  Europe,  without  reference  to  any 
other  portion  of  her  dominions,  the  Nootka  Sound  convention  can  never  be  tmbi  aced 
under  the  denomination  of  a  treaty  of  commerce  between  the  two  Powers.  It  con- 
tains   no   provision    whatever  to  grant  or  to  regulate  trade  between   British  and 


,1 


1 845 


PROVISIONAL   GOVERNMENT. 


20I 


Spanish  subjects.  Its  essential  Part,  so  far  as  concerns  the  present  question,  re- 
lates not  to  auj'  trade  or  cotnmerce  between  the  subjects  of  the  respective  Powers  ; 
it  merely  prohibits  the  subjects  of  either  from  disturbing  or  molesting  those  of  the 
other  in  trading  with  third  parties — the  natives  of  the  country.  The  "  grant  of 
making  settlements,"  whether  understood  in  its  broadest  or  most  restricted  sense, 
relates  to  territorial  acquisition,  and  not  to  trade  or  commerce  in  any  imaginable 
form. 

The  Nootka  Sound  Convention,  then,  cannot  in  any  sense,  V)e  considered 
a  treaty  of  commerce  and  not  therefore  revived  by  the  treaty  of  Madrid 
of  1814.  When  the  war  commenced  between  Great  Britain  and  Spain  in 
1796,  several  treaties  subsisted  between  them,  which  were,  both  in  title  and  sub- 
stance, treaties  of  commerce.  These,  and  these  alone,  were  revived  by  the  treaty 
of  1814.  That  the  British  Go\'ernment  itself  had  no  idea  in  181S  that  the  Nootka 
Sound  convention  was  then  in  force,  may  be  fairly  inferred  from  their  silence  upon 
the  subject  during  the  whole  negotiation  of  that  year  on  the  Oregon  question. 
This  convention  was  once  referred  co  by  the  British  Plenipotentiaries,  They  then 
rested  their  claims  upon  other  foundations.  Surely  that  which  is  now  their  main 
reliance  would  not  have  escaped  the  observation  of  such  statesmen  had  they  then 
supposed  it  was  in  existence.  In  view  of  all  these  considerations,  the  undersigned 
respectfully  submits  that  if  Great  Britain  has  valid  claims  to  any  portion  of  the 
Oregon  territory,  they  must  rest  upon  a  better  foundation  than  that  of  the  Nootka 
Sound  convention. 

It  is  far  from  the  intention  of  the  undersigned  to  repeat  the  argument  by  which 
his  predecessor  (Mr.  Calhoun)  has  demonstrated  the  American  title  "to  the  centre 
region  drained  by  the  Columbia  river  and  its  branches.  He  has  shown  that  t  )  the 
United  States,  belongs  the  discovery  of  the  Columbia  river,  and  that  Captain  Gray 
was  the  first  civilized  man  who  ever  entered  its  mouth  and  sailed  up  its  channel,  'uap- 
tizing  the  river  itself  with  the  name  of  his  vessel  ;  that  Messrs.  Lewis  and  Clarke, 
under  a  commission  from  their  Government,  first  explored  the  waters  of  this  river 
almost  from  its  head  springs  to  the  Pacific,  passing  the  winter  of  1805  and  1806,  on 
its  northern  shores  near  the  ocean;  that  the  first  settlement  upon  this  river  was 
made  by  a  citizen  of  the  United  States,  at  .Astoria  ;  and  that  the  British  Govern- 
ment solemnly  recognized  our  rights  to  the  possession  of  this  settlement,  which 
had  been  captured  during  the  war,  by  surrendering  it  to  the  United  States  on  the 
6th  day  of  October,  1818,  in  <jbedience  to  the  treaty  of  Ghent. 

If  the  discovery  of  the  mouth  of  a  river,  followed  up  within  a  rensonable 
time  by  the  first  exploration,  both  of  its  main  channel  and  its  branches,  and  ap- 
priatcd  by  the  first  settlements  on  its  banks,  do  not  constitute  a  title  to  the  terri- 
tory drained  by  its  waters  in  the  nation  performing  these  acts,  then  the  principles 
consecrated  by  the  practice  of  civilized  tuitions  ever  since  the  discovery  were  nec- 
essary to  preserve  the  peace  of  the  world.  Had  they  not  been  enforced  in  practice, 
clashing  claims  to  newly  discovered  territory,  and  perpetual  strife  among  nations, 
would  have  been  the  inevitable  result.  The  title  of  the  United  vStates  lo  the  entire 
region  drained  by  the  Columbia  river  and  its  branches,  was  perfect  and  complete 
before  the  date  of  the  treaties  of  joint  occupation  of  October,  181S,  and  August, 
1S27  ;  and  under  the  express  provisions  of  these  treaties,  this  title,  while  they  en- 
dure, can  never  be  impaired  by  any  act  of  the  British  Government.  In  the  strong 
lanyuange  of  the  treaty  of  i^2y.  "  nothing  contained  in  this  convention,  or  in  the 
third  article  of  the  convention  of  1818,  hereby  continued  in  force,  shall  be  construed 
to  impair,  or  in  any  manner  affect,  the  claims  which  either  of  the  contracting  parties 
may  have  lo  any  part  of  the  country  westward  of  the  Stony  or  Rocky  mountains." 


1 


'f 


r^ 


I 


i 


lli^ 


l! 


202 


I  '' 


M 


M 


brown's  politicai.  history. 


1845 


Had  not  the  convention  contained  this  plain  provision,  which  has  prevented  the  re- 
spective parties  from  looking  with  jealousj'  on  the  occupation  of  portions  of  the  terri- 
tory by  the  citizens  and  subjects  of  each  other,  its  chief  object — which  was  to  pre- 
serve peace  and  prevent  collisions  in  those  distant  regions — would  have  been  en- 
tirely defeated.  It  is  then  manifest  tliat  neither  the  grant  of  this  territory  for  a 
term  of  years,  made  by  Great  Britain  to  the  Hudson's  Hay  Company  in  December, 
1S21,  nor  the  extension  of  this  grant  in  1S38,  nor  the  settlements,  trading  posts, 
ami  forts,  which  have  been  established  by  that  company  under  it,  can,  in  the 
slightest  degree,  strengthen  the  British,  or  impair  the  American  title  to  any  jiortion 
of  the  Oregon  territory.  The  British  claim  is  neither  l)etter  nor  worse  than  it  was 
on  the  29th  October,  181S,  the  date  of  the  first  convention. 

The  title  of  the  United  .Stales  to  the  valley  of  the  Columbia  is  older  than  the 
Florida  treaty  of  Feburary,  1S19,  under  which  the  United  States  acquired  all  the 
rights  of  Spain  to  the  northwest  coast  of  America,  and  exists  independently  of  its 
provisions.  Even  supposing,  then,  that  the  British  construction  of  the  Nootka 
Sound  convention  were  correct,  it  could  not  apply  to  this  portion  of  the  territory 
in  dispute.  A  convention  between  Great  Britain  and  Spain,  originating  from  a  dis- 
pute concerning  a  petty  trading  establishment  at  Nootka  Sound,  could  not  abridge 
the  rights  of  other  nations.  Both  in  public  and  private  law,  an  agreement  between 
two  parties  can  never  bind  a  third,  without  his  consent,  express  or  implied.  The 
extraordinary  propositon  will  scarcely  be  again  urged,  that  our  acquisition  of  the 
rights  of  Spain  under  the  Florida  treaty  can  in  any  manner  weaken  or  impair  our 
pre-existing  title.  It  may  often  become  expedient  for  nations,  as  it  is  for  individ- 
uals, lO  purchase  an  outstanding  title  merely  for  the  sake  of  peace  ;  and  it  has  never 
heretofore  been  imagined  that  the  acquisition  of  such  a  new  title  rendered  the  old 
less  valid.  Under  this  principle,  a  partv  having  two  titles  would  be  confined  to 
his  worst,  and  forfeit  his  best.  Our  acquisition  of  the  rights  of  Spain,  then,  under  the 
Florida  treaty,  while  it  caimot  affect  the  prior  title  of  the  United  States  to  the  valley  of 
Columbia,  has  rendered  it  more  clear  and  unquestionabU  before  the  world.  We  have 
a  perfect  right  to  claim  .nder  both  these  titles  ;  andth'j  .Spanish  title  alone,  even  if 
it  were  necessary  to  confine  ourselves  to  it,  would,  in  the  opinion  of  the  President, 
be  good  as  against  Great  Britain,  not  merely  to  the  valley  of  the  Columbia,  but  the 
whole  territory  of  Oregon.  Our  own  American  title,  to  the  extent  of  the  valley  of 
the  Columbia,  resting  as  it  does  on  discovery,  exploration,  and  possession — a  pos- 
session acknowledged  by  a  most  solemn  act  of  the  British  Government  itself — is 
sufficient  assurance  a'jainst  all  mankind  ;  while  our  superadded  title  derived  from 
Spain  extends  our  exclusive  right  over  the  whole  territory  in  dispute  as  against 
Great  Britain. 


I  I 


Such  being  the  opinion  of  the  President  in  regard  to  the  title  of  the  United 
States,  he  would  not  have  consented  to  yield  any  portion  of  the  Oregon  territory 
had  he  not  found  himself  embarrassed,  if  not  committed,  by  the  acts  of  his  prede- 
cessor. They  had  uniformly  proceeded  upon  the  principle  of  compromise  in  all 
their  negotiations.  Indeed,  the  first  question  presented  to  him,  after  entering  upon 
the  duties  of  his  office,  was,  whether  he  should  abruptly  terminate  the  negotiation 
which  had  been  commenced  and  conducted  between  Mr.  Calhoun  and  Mr.  Paken- 
ham  on  the  principle  avowed  in  the  first  protocol,  not  of  contending  for  the  whole 
territory  in  dispute,  but  of  treating  of  the  respective  claims  of  the  parties,  "  with 
the  view  to  establish  a  permanent  boundary  between  the  two  countries  westward  of 
the  Rocky  mountains."  In  view  of  these  facts,  the  President  has  determined  to 
pursue  the  present  negotiation  to  its  conclusion  upon  the  principle  of  compromise 


'I 


1845 


PROVISIONAL   GOVERNMENT. 


203 


in  which  it  commenced,  and  to  make  one  more  effort  to  adjust  this   loii^  pendinjr 
controversy. 

In  this  determination  he  trusts  that  the  British  Government  will  recognize  his 
sincer/  and  anxious  desire  to  cultivate  the  most  friendly  relations  hctwcen  the  two 
countries,  and  to  manifest  to  the  world  that  he  is  actuated  by  a  spirit  of  moderation. 
He  has,  therefore,  instructed  the  undersigned  again  to  propose  to  tlie  CTOvernment 
of  Great  Britain  that  the  Oregon  territory  shall  be  divided  between  the  two  coun- 
tries by  the  49th  parallel  of  nortii  latitude  from  the  Rocky  mountains  to  the  Pacific 
ocean  ;  ollering,  at  the  same  time,  to  make  free  to  tireat  Britain  any  port  or  ports 
on  \'ancouver's  Island  south  of  this  parallel,  which  the  British  Governnient  may 
desire.  He  trusts  that  Great  Britain  may  receive  this  proposition  in  the  friendly 
spirit  by  which  it  was  dictated,  and  that  it  may  prove  the  stable  foundation  of  last- 
ing peace  atid  harmony  between  the  two  countries.  The  line  proposed  will  carry 
out  the  principle  of  continuity  equally  for  both  parties,  by  extending  the  limits 
both  of  ancient  Louisiana  and  Canada  to  the  Pacific  along  the  same  parallel  of  lat- 
itude which  divides  them  east  of  the  Rocky  mountains  ;  and  it  will  secure  to  each 
a  sufficient  number  of  commodious  harbors  on  the  northwest  coast  of  America. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  Mr.  Pakenham 
the  assurance  of  his  distinguished  consideration. 
The  Right  Hon.  R.  Pakenham.  JAMEvS  BUCHANAN. 


(Mr.  Pakenham  to  Mr.  Buchanan.) 

(R.P.) 

Washington,  July  29,  1845. 

Notwithstanding  the  prolix  discussion  which  the  subject  has  already  under- 
gone, the  undersigned,  Her  Britannic  Majesty's  Knvoy  Extraordinarj'  and  Minister 
Plenipotentiary,  feels  obliged  to  place  on  record  a  few  observations  in  reply  to  the 
statement  marked  J.  B.,  which  he  had  the  honor  to  receive  on  the  i6th  of  this 
month,  from  the  hands  of  the  Secretary  of  vState  of  the  United  States  for  the  settle- 
ment of  the  Oregon  question. 

In  this  paper  it  is  stated  that  "  the  title  of  the  United  States  to  that  portion  of 
Oregon  territory  between  the  valley  of  the  Columbia,  and  the  Russian  line,  in 
54°  40'  north  latitude,  is  recorded  in  the  P'lorida  treaty.  Under  this  treaty,  dated  on 
22d  February,  1819,  Spain  ceded  to  the  United  Slate"  ""  her  rights,  claims,  and 
pretensions  to  any  territories  west  of  the  Rocky  mountains,  and  north  of  the  42d 
parallel  of  latitude."  "We  contend,""  says  the  Secretary  of  State,  "that  at  the 
date  of  this  convention  Spain  had  a  good  title,  as  against  Great  Britain,  to  the 
whole  of  Oregon  territory,  and,  if  this  be  established,  the  question  is  then  decided 
in  favor  of  the  United  States,"  the  convention  between  Great  Britain  and  Spain, 
signed  at  the  Escurial,  on  the  28th  of  October,  1790,  notwithstanding.  "If,"  says 
the  American  Plenipotentiary,  "  it  should  appear  that  this  treaty  was  transient  in 
its  very  nature  ;  that  it  conferred  upon  Great  Britain  no  right  but  that  of  merely 
trading  with  the  Indians,  whilst  the  country  should  remain  unsettled,  and  making 
the  necessary  establishments  for  this  purpose  ;  that  it  did  not  interfere  with  the  ulti- 
mate sovereignty  of  Spain  over  the  territory  ;  and,  above  all,  that  it  was  annulled 
by  the  war  between  Spain  and  Great  Britain  in  1796,  and  has  never  since  been  re- 
newed by  the  parties,  that  the  British  claim  to  any  portion  of  the  terrtiory  will 
prove  to  be  destitute  of  foundation." 

The  undersigned  will  endeavor  to  show,  not  only  that  when  Spain  concluded 


r 


204 


BROWN  S    POLITICAL    HISTORY. 


1845 


!'' 


ii! 


I  : 


I 


with  the  I'liitecl  vSlates  the  treaty  of  iSrg,  coinmoiih-  called  the  Florida  treaty,  the 
convention  concluded  between  the  former  Tower  and  Cireat  Britain,  in  1790,  was 
considered  by  the  parties  to  it  to  be  still  in  force  ;  but  even  that,  if  no  such  treaty 
had  ever  existeil,  Great  Hritain  would  stand,  with  reference  to  a  claim  to  the  ( )re- 
goii  territory,  in  a  position  at  least  as  favorable  as  the  United  vStatcs. 

The  treaty  of  1790  is  not  appealed  toby  the  British  Government,  as  the  Amer- 
ican I'lcnipotcntiary  seems  to  suppose,  as  their  "  main  reliance"  in  the  i)resent  <lis- 
cussion  ;    it  is  appealed  to,  to  show  that,  by  the  treaty  of  1819,  by  which    "Spain 
ceded  to  the  United  States  all  her  rights,  claims,  and  pretensions,  to  any  territories 
west  of  the   Rocky  mountains,   and   north   of  the  42d  parallel  of  latitude,"  the 
United  States  acquired  no  right  to  exclusive  domain  over  any  part  of  the  Oregon 
territory.     The  treaty  of  1790  embraced  in  fact,  a  variety  of  objects.     It  partook  in 
some  of  its  stipulations  of  the  natureof  a  commercial  convention  ;  in  other  respects 
it  must  be  considered  as  an  acknowledgment  of  existing  rights,  an  admission  of 
certain  principles  of  international  law.not  to  be  revoked  at  the  pleasure  of  either  party 
or  to  l)e  set  aside  by  a  cessation  of  friendly  relations  between  them.     Viewed  in  the 
former  light,   its  stipulations  might  have  been  considered  as  cancelled  in  conse- 
quence of  the  war  which  subsequently  took  place  between  the  contracting  parties, 
were  it  not  by  treaty  concluded  at  Madrid,  on  the  28th  of  August,  1814,  it  was  de- 
clared that  all  the  treaties  of  commerce  which  subsisted  between  the  two  nations 
(  Great  Britain   and  vSpain  )  in  1796  were  thereby  ratified  and  confirmed.     In  the 
latter  point  of  view,  the  restoration  of  a  state  of  peace  was  of  itself  suflicient  to 
restore  the  admissions  contained  in  the  convention  of  1 790  to  their  full  original  force 
and  vigor.     There  are,  besides,  very  positive  reasons  for  concluding  that  Spain  did 
not   consider  the  stipulations  of  the  Nootka  convention  to  have  been  revoked  by 
the  war  of  1796,  so  as  to  require,  in  order  to  be  binding  on  her,  that  they  should 
have  been    expressly  revived  or  renewed  on  the  restoration  of  peace  between  the 
two  cc  untries.     Had  Spain  considered  that  convention  to  have  been  annulled  by  the 
war  ;  in  other  words,  had  she  considered  herself  restored  to  iu.r  former  position  and 
pretensions  with  respect  to  the  exclusive  dominion  over  tlu  uim ;  cupied  parts  of  the 
North  American  continent,  it  is  not  to  be  imagined  that  sbe  \\'juld  have  passively 
submitt'.  !,  to  sec  thecontending  claims  of  Great  Britain  :'i.*'  the  United  .States  toa 
portion  of  that  territory,  the  sul)ject  of  negotiation  and  formal  diplomatic  transac- 
tions between  those  two  nations.     It  is,  on  the  contrary,  from  her  silence  with  re- 
spect to  the  continued  occupation  by  the  British  of  their  settlements  in  the  Colum- 
bia territory,  subsequently  to  the  convention  of  1814,  and  when,  as  yet,  there  had 
been  no  transfer  of  her  rights,  claims,  or  pretensions  to  the  United  States ;   and 
from  her  silence  also,  while  important  negotiations  respecting  the  Columbia  terri- 
tory, incompatible  altogether  with  her  ancient  claim  to  exclusive  dominion,  were 
in  progress  between  Great  Britain  and  tht  United  States,  fairly  to  be  inferred  that 
Spain   considered  the  stipulations  of  the  Nootka  convention,  and  the  principles 
therein  laid  down,  to  be  still  in  force.     Bui  the  American  Plenipotentiary  goes  so 
far  as  to  say  that  the  British  Government    itself  had   no  idea,  in    181S,  that  the 
Nootka  Sound  convention  was  then  in  force,  because  no  reference  was  made  to  it 
on  the  part  of  England  during  the  negotiati  ^n  of  that  year  on  the  Oregon  question. 

In  reply  to  this  argument  it  will  be  surticient  for  the  undersigned  to  remind 
the  American  Plenipotentiary  that  in  the  year  1818  no  claim,  as  derived  from  .Spain, 
was  or  could  he  put  forth  by  the  United  States,  seeing  that  it  was  not  until  the 
following  year  ( the  year  1819  ),  that  the  treaty  was  concluded  by  which  Spain 
transferred  to  the  United  States  her  rights,  claims,  and  pretensions  to  any  territory 
west  of  the  Rocky  mountains,  and  north  of  the  42d  parallel  of  latitude.     Hence,  it 


!JI 


X845 


PROVISIONAI^   GOVKRNMENT. 


205 


is  obvious  that  in  th"  year  1S18,  no  occasion  had  arisen  for  appealinj^'  to  the  (|iia!i- 
fied  nature  of  the  n,  hts,  claims,  and  pretensions  so  transferred — a  (pialiluatioii 
imposed  or  at  least  recoj^nizcd,  by  the  convention  of  Nootka.  The  title  of  thp 
United  States  to  the  valley  of  the  Columbia,  the  Ameriran  Plenip«>tcnliary  ob- 
serves, if.  older  than  the  Florida  treaty  of  February,  iSiy,  and  exists  independently 
of  its  provisions. 

Ivven  supposing,  then,  that  the  Hritish  construction  of  the  Nootka  vSontid  con- 
vention was  correct,  it  could  not  ai)ply  to  this  portion  of  the  territory  in  dispute. 
The  undcrsijrned  must  be  permitted  respectfully  to  infjuire  upon  what  principle, 
unless  it  be  upon  the  principle  which  forms  the  foundation  of  the  Nootka  conven- 
tion, could  the  United  Slates  have  acquired  a  title  to  any  part  of  the  Oregon  territory, 
previously  to  the  treaty  of  18 19,  and  independently  of  its  provisions  ?  By  discovery, 
exploration,  settlement,  will  be  the  answer.  Hut,  says  the  American  Plenipoten 
tiary,  in  another  part  of  this  statement,  the  rights  of  Spain  to  the  west  coast  of 
America,  as  far  north  as  the  61°  latitude,  were  so  complete  as  never  to  have  been  seri- 
ously questioned  by  any  European  nation. 

They  have  been  maintained  by  Spain  with  the  most  vigilant  jealousy,  ever 
since  the  discovery  of  the  America  continent,  and  had  been  acquiesced  in  by  all 
European  Powers.  They  had  been  admitted  even  by  Russia,  and  that,  too,  ut\der 
a  sovereign  peculiarly  tenacion  ;  of  the  territorial  rights  of  her  empire,  wh'  wheu 
complaints  had  been  made  to  the  court  of  Kussiri  sgainst  Russian  subjects,  for  vio- 
lating the  Spanish  territory  on  the  northwest  coast  of  America,  did  not  hesitate  to 
assure  the  King  of  Spain  that  she  was  extremely  sorry  that  the  repeated  orders  is- 
sued to  prevent  the  subjects  of  Russia  from  violating,  in  the  smallest  degree,  the 
territory  belonging  to  another  Power  should  have  be^^u  discbtyed.  In  what  did 
this  alleged  violation  of  territory  consist :  assuredly  in  some  attempted  acts  of 
discovery,  exploration,  or  settlement. 

At  that  time  Russia  stood  in  exactly  the  same  position  with  reference  V)  the 
exclusive  rights  of  Spain  as  the  United  States;  and  any  acts  in  contravention  of 
those  rights,  whether  emanating  from  Russia  or  from  the  United  States,  would 
necessarily  be  judged  by  one  and  the  same  rule.  How  then  can  it  be  pretended 
that  acts  which,  in  the  case  of  Russia,  were  considered  as  criminal  violation  of  the 
Spanish  territory,  should,  in  the  case  of  citizens  of  the  United  States  be  appealed 
to  as  constituting  a  valid  title  to  the  territory  affected  by  them  ;  and  yet  from  this 
inconsistency  the  American  I'lenipotentiary  cannot  escape,  if  he  persist  in  con- 
sidering the  American  title  to  ha\e  been  perfected  by  discovery,  exploration,  and 
settlement,  when  as  yet  Spain  had  made  no  transfer  of  her  rights,  if,  to  use  his 
own  words,  "  that  title  is  older  than  the  Florida  treaty,  and  exists  independently 
of  its  provisions.  According  lo  the  doctrine  of  exclusive  dominion,  the  exploration 
of  Lewis  and  Clarke,  and  the  establishment  founded  at  the  mouth  of  the  Colum- 
bia, must  be  condemned  as  encroachments  on  the  territorial  rights  of  Spain.  Ac- 
cording to  the  opposite  principle,  by  which  discovery,  exploration,  and  settlement 
art  considered  as  giving  a  valid  claim  to  territoiy,  those  very  acts  are  referred  to 
in  the  course  of  the  same  paper  as  constituting  a  complete  title  in  favor  of  the 
United  vStates.  Besides,  how  shall  we  reconcile  this  high  estimation  of  the  terri- 
torial rights  of  Spain,  considered  independently  of  the  Nootka  Sound  convention, 
with  the  course  observed  by  the  United  States  in  their  diplomatic  transactions 
with  Great  Britain,  previously  to  the  conclusion  of  the  Florida  treaty?  That 
claim  advanced  for  the  restitution  of  F'ort  George,  under  the  first  article  of  the 
treaty  of  Ghent ;  the  arrangement  concluded  for  the  joint  occupation  of  the  Ore- 
gon territory  bj'  Great  Britain  and  the  United  States  ;   and,  above  all,  the  propo- 


M',, 


"1 


* ;  I 


206 


brown's  political  history. 


1845 


Hi 

i'  :i 


la 

1.  ~  I 


II 


! 


sal  actually  made  on  the  part  of  the  United  States  for  a  partition  of  the  Oregon 
territory  ;  all  which  transactions  took  place  in  the  year  1818,  when  as  yet  Spain 
had  made  no  transfer  or  cession  of  her  rights, — appear  to  be  as  little  reconcilable 
with  any  regard  for  these  rights,  while  still  vested  in  Spain,  as  the  claim  founded 
on  discovery,  exploration,  and  settlement,  accomplished  previously  to  the  trans- 
fer of  those  rights  to  the  United  States.  Supposing  the  arrangement  proposed  in 
the  1818,  or  ain-  other  arrangement  for  the  partition  of  the  Oregon  territory,  to 
have  been  concluded  in  those  days,  between  Great  Britain,  and  this  country, 
what  would,  in  that  case,  have  become  of  the  exclusive  rights  of  Spain  ?  There 
would  have  been  no  refuge  for  the  United  States  but  in  an  appeal  to  the  princi- 
ples of  the  Nootka  convention.  To  deny,  the  then  validity  of  the  Nootka  conven- 
tion, is  to  proclaim  the  illegality  of  any  title  founded  on  discovery,  exploration, 
or  settlement,  previous  to  the  conclusion  of  the  Florida  treaty.  To  appeal  to 
the  Florida  treaty  as  conveyitig  to  the  United  States  anj-  exclusive  rights,  is  to 
attach  a  character  of  encroachment  and  of  violation  of  the  rights  of  Spain  to  every 
act  to  which  the  United  States  appealed  in  the  negotiation  of  1818,  as  giving  them 
a  claim  to  territory  on  the  northwest  coast.  These  conclusions  appear  to  the  un- 
dersigned to  be  irresistible. 

The  United  States  can  found  no  claim  on  discovery,  exploration,  and  settle- 
ment, effected  previously  to  the  Florida  treaty,  without  admitting  the  principles 
of  the  Nootka  convention,  and  the  consequent  validity  of  the  parallel  claims  of 
Great  Britain  founded  on  like  acts  ;  nor  can  they  appeal  to  any  exclusive  right  as 
acquired  by  the  Florida  treaty,  without  upsetting  all  claims  adduced  in  their  own 
proper  right,  by  reason  of  discovery,  exploration,  and  settlement,  antecedent  to 
that  arrangement.  The  undersigned  trusts  that  he  has  now  shown  that  the  con- 
vention of  1790  ( the  Nootka  vSound  convention  ),  has  continued  in  full  force  up  to 
the  present  moment.  By  reason,  in  the  first  place,  of  the  commercial  character  of 
some  of  its  provisions,  as  such  expressly  renewed  by  the  convention  of  August, 
1814,  between  Great  Britain  and  Spain.  By  reason,  in  the  next  place,  of  the  ac- 
quiescence of  vSpain  in  various  transactions,  to  which  it  is  not  to  be  supposed  that 
that  Power  would  have  assented,  had  she  not  felt  bound  by  the  provisions  of  the 
convention  in  question.  And,  thirdly,  by  reason  of  repeated  acts  of  the  Govern- 
ment of  the  United  States,  previous  to  the  conclusion  of  the  L'lorida  treaty,  mani- 
festing adherence  to  the  principles  of  the  Nootka  convention,  or  at  least  dissent 
from  the  exclusive  pretensions  of  Spain. 

Having  thus  replied,  and  he  hopes  satisfactorily,  to  the  observations  of  the 
American  Plenipotentiary,  with  respect  to  the  etfect  of  the  Nootka  Sound  conven- 
tion and  the  F'lorida  treaty,  as  bearing  upon  the  subject  of  the  present  discussion, 
the  undersigned  must  endeavor  to  show  that  even  if  the  Nootka  vSound  cunveiition 
had  never  existed,  the  position  of  Great  ^jdtain  in  regard  to  her  claim,  whether  to 
the  whole  or  to  anj'  particular  portion  of  the  Oregon  territory,  is  at  least  as  good 
as  that  of  the  United  .States.  This  branch  of  the  subject  must  be  considered,  first, 
with  reference  to  principle,  to  the  right  of  their  party.  Great  Britain,  or  the  Uni- 
ted States,  to  explore,  or  make  settlements  in  the  Oregon  territory,  without  viola- 
tion of  the  rights  of  Spain  ;  and  next,  supposing  the  first  to  be  decided  aflirma- 
tively,  with  reference  to  the  relative  value  and  importance  of  the  acts  of  discovery, 
exploration,  and  settlements  effected  by  each.  As  relates  to  the  question  of  prin- 
ciple, the  undersigned  thinks  he  can  furnish  no  l)etter  argument  than  that  con- 
tained in  the  following  words,  which  he  has  already  once  quoted  from  the  state- 
ment the  American  Plenipotentiary. 

"The  title  of  the  United  States  to  the  valley  of  the  Columbia  is  older  than 


1845 


PROVISIONAI.   GOVERNMENT, 


207 


the  Florida  treaty  of  February,  1819,  under  which  the  United  States  acquired  all 
the  rights  of  Spain  to  the  northwest  coast  of  America,  and  exists  independent!}'  of 
its  provisions."  And,  again,  "  the  title  of  the  United  States  to  the  entire  region 
drained  by  the  Columbia  river  and  its  branches,  was  perfect  and  complete  before 
the  date  of  the  treaties  of  joint  occupancj-  of  October,  1818,  and  August,  1827." 
The  title  thus  referred  to  must  be  that  resting  on  discovery,  exploration,  and  set- 
tlement. If  this  title  then  is  good,  or  rather  was  good,  as  against  the  exclusive 
pretensions  of  Spain,  previously  to  the  conclusion  of  the  Florida  treaty,  so  must 
the  claims  of  Great  Britain,  resting  on  the  same  grounds  be  good  also.  Thus, 
then  it  seems  manifest  that,  with  or  without  the  aid  of  the  Nootka  Sound  conven- 
tion, the  claims  of  Great  Britain,  resting  on  discovery,  exploration,  and  settlement, 
are,  in  point  of  principle,  equally  valid  with  those  of  the  United  States.  Let  us 
now  see  how  the  comparison  will  stand,  when  tried  by  the  relative  value,  import- 
ance, and  authenticity  of  each.  Rejecting  previous  discoveries  north  of  the  42d 
parallel  of  latitude  as  not  sufficiently  authenticated,  it  will  be  seen,  on  the  side  of 
Great  Britain,  that,  in  1776,  Captain  Cook  discovered  Cape  Flattery,  the  southern 
entrance  of  the  {Straits  of  Fuca.  Cook  must  also  be  considered  the  discoverer  of 
Nootka  Sound,  in  consequence  of  the  want  of  authenticity  in  the  alleged  previous 
discovery  of  that  port  by  Perez.  In  1787,  Captain  Berkeley,  a  British  subject,  in 
a  vessel  under  Austrian  colors,  discovered  the  Straits  of  Fuca.  In  the  same  year. 
Captain  Duncan,  in  the  ship  Princess  Royal,  entered  the  straits,  and  traded  at  the 
village  of  Classet.  In  1788,  Meares,  a  British  subject,  formed  the  establishment 
at  Nootka,  which  gave  rise  to  the  memorable  discussion  with  the  Spanish  Govern- 
ment, ending  in  the  recognition,  l)y  that  Power,  of  the  right  of  Great  Britain  to 
form  settlements  in  the  unoccupied  parts  of  the  northwest  portion  of  the  Ameri- 
can continent,  and  in  an  engagement,  on  the  part  of  Spain,  to  reinstate  ISIeares  in 
the  possessio-i  from  which  he  had  been  ejected  b\  the  Spanish  commanders. 

In  1792,  Vancouver,  who  had  be'.::i  ?ent  from  F)ngland  to  witness  the  fulfill- 
ment of  the  above  mentioned  engagement,  and  to  effect  a  survey  of  the  north- 
west coast,  departing  from  Nootka  soand,  entering  the  straits  of  Fuca,  anc.  after 
an  accurate  survey  of  the  coasts  and  inlets  on  both  sides,  discovered  a  passage 
northward  into  the  Pacific  by  which  lu  returned  to  Nootka,  having  thus  circum- 
navigated the  island  which  now  bears  iiis  name.  And  here  we  ha\e,  as  far  as  re- 
lates to  Vancouver's  Island,  as  complete  case  of  discovery,  exploration  and  settle- 
ment as  can  well  be  presented,  giving  to  Great  Britain,  in  any  arrangement  that 
may  be  made  with  regard  to  the  territory  in  dispute,  the  strongest  possible  claim 
to  the  exclusi""  possession  of  that  island.  While  Vancouver  was  prosecuting  dis- 
covery and  ^.  ;  .oration  by  sea.  Sir  Alexander  Mackenzie,  a  partner  in  the  North- 
west Company,  crossed  the  Rock}-  nountains,  discovered  the  headwaters  of  the 
river  since  called  Fraser's  river,  and  following  for  some  time  the  course  of  that 
river,  effected  a  passage  to  the  sea,  being  the  first  civilized  man  who  traversed  the 
continent  of  .Vmerica  from  sea  to  sea  in  those  latitudes.  On  the  return  of  ^Nlac- 
kenzie  to  Canada,  the  Northwest  Company  established  trading  posts  in  the  coun- 
try to  the  westward  of  the  Rocky  mountains.  In  1806  and  isii,  respectively,  the 
same  company  established  posts  on  the  Tacoutche,  Tesse  and  the  Columbia.  In 
the  year  r8ii  Thompson,  the  astronomer  of  the  Northwest  Company,  discovered 
the  northern  headwuters  of  the  Columbia,  and  following  its  course  till  joined  by 
the  rivers  previously  discovere<l  by  Lewis  and  Clarke,  he  continued  his  journey  to 
the  Pacific.  I'rom  that  time  till  the  year  1818,  when  the  arrangement  for  the 
joint  occupancy  of  the  territory  was  concluded,  the  Northwest  company  contin- 
ued to  extend  their  operations  throughout  the  Oregon  territory,  and  to  "occupy," 


# 


2o8 


brown's  political  history. 


I 


1845 


i    I 


! 


n 


'-la 


it  may  be  said,  as  far  as  occupation  can  be  effected  in  regions  so  inaccessible  and 
destitute  of  resources.  While  all  this  was  passing  the  following  events  occurred 
which  constitute  the  American  claim  in  their  own  proper  right : 

In  1792  Gray  entered  the  mouth  of  the  Columbia  river.  In  1805  Lewis  and 
Clarke  effected  a  passage  across  the  Rocky  mountains,  and  discovering  a  branch 
of  the  Columbia  river,  followed  it  until  they  reached  the  ocean.  In  181 1  the  trad- 
ing post  or  settlement  of  Astoria  was  established  at  the  mouth  of  the  Columbia, 
on  the  north  side  of  that  river.  This  post  or  settlement  passed  during  the  last 
war  into  British  hands  by  the  voluntar}'  act  of  the  persons  in  charge  of  it,  a  fact 
most  clearly  established.  It  was  restored  to  the  United  States  in  1818,  with  cer- 
tain well  authenticated  reservations,  but  it  was  never  actually  re-occupied  by 
American  citizens,  having,  from  the  moment  of  the  original  transfer  or  sale,  con- 
tinued to  be  occupied  by  British  subjects.  These  are  the  acts  of  discovery,  ex- 
ploration and  settlement,  referred  to  by  the  United  States  as  giving  them  a  claim 
to  the  valley  of  the  Columbia  in  their  own  proper  right. 

The  British  Government  is  disposed  to  view  them  in  the  most  liberal  sense, 
and  to  give  to  them  the  utmost  value  to  which  they  can  in  fairness  be  entitled  ; 
but  there  are  circumstances  attending  each  and  all  of  them  which  must,  in  the 
opinion  of  any  impartial  investigator  of  the  subject,  take  from  them  a  great  deal 
of  the  effect  which  the  American  negotiators  assign  to  them,  as  giving  to  this 
country  a  claim  to  the  entire  region  drained  by  the  Columbia  and  its  branches. 
In  the  first  place,  as  relates  to  the  discovery  of  Gray,  it  must  be  remarked  that 
he  was  a  private  navigator,  sailing  principally  for  the  purpose  of  trade,  which  fact 
establishes  a  wide  difference,  in  a  national  point  ofview,  between  the  discoveries  ac- 
complished by  him  and  those  effected  by  Cook  and  Vancouver,  who  sailed  in  ships  of 
the  royal  navy  of  Great  Britain ,  and  were  sent  to  the  northwest  coast  for  the  express 
purpose  of  exploration  and  discovery.  In  the  next  place,  it  is  a  circumstance  not 
to  be  lost  sight  of,  that  it  was  not  for  several  years  followed  up  by  any  act  which 
could  give  it  value  in  a  national  point  of  view  ;  it  was  not,  in  truth,  made  known 
to  the  world  either  by  the  discoverer  himself  or  by  his  Government.  So  recently 
as  the  year  1826,  the  American  Plenipotentiaries  in  London  remarked  with  great 
correctness,  in  one  of  their  reports,  that  "  respecting  the  mouth  of  the  Columbia 
river,  we  know  nothing  of  Gray's  discoveries  but  through  British  accounts."  In 
the  next  place,  the  connection  of  Gray's  discovery  with  that  of  Lewis  and  Clarke 
is  interrupted  by  the  intervening  exploration  of  Lieutenant  Broughton,  of  the 
British  surveying  ship  Chatliaui. 

With  respect  to  the  expedition  of  I<ewis  and  Clarke,  it  must,  on  a  close  exam- 
ination of  the  route  pursued  by  them,  be  coTifessed  that,  neither  on  tneir  outward 
journey  to  the  Pacific,  nor  on  their  hotneward  journey  to  the  United  States,  did 
they  touch  upon  the  headwaters  of  the  principal  branch  of  the  Columbia  river, 
which  lie  far  to  the  north  of  the  partsof  country  traversed  and  explored  by  them. 
Thompson,  of  the  British  Northwest  Company,  was  the  first  civilized  person  who 
navigated  the  northern,  in  reality  the  main  l)ranchofthe  Columbia,  ortrave-  1  any 
part  ofthe  country  drained  by  it.  It  was  by  a  tributary  of  the  Columbia  that  Lv  .v.aand 
Clarke  made  their  way  to  the  main  stream  of  that  river,  which  tliey  reac'.ieci  at  a 
point  distant,  it  is  believed,  not  more  than  two  hundred  miles  from  the  )oint  tr. 
which  the  river  had  already  been  explored  by  Broughton.  These  facts,  the  under- 
signed conceives,  will  be  found  sufficient  to  reduce  the  value  of  Lewis  and  Clarke's 
exploration  on  the  Columbia  to  limits  which  would  by  no  means  justify  a  claim 
to  the  whole  valley  drained  l)y  that  river  and  its  branches.  As  to  settlement,  the 
qualified  nature  of  tiie  rights  devolved  to  the  United  States,  by  virtue  of  the  res- 


itward 
es,  ili<l 
river, 
them. 
m  who 
1  iiriy 
;aaiid 
LHi  at  a 
oi'it  t' 
niuler- 
larke's 
chiim 
•lit,  the 
Lhe  res- 


1845 


PROVISIONAI.   GOVERNMENT. 


209 


titution  of  l-'ort  Astoria,  has  already  been  pointed  out.     It  will  thus  be  seen,  the 
undersigned  confidently  believes,  that  on  the  grounds  of  discovery,  exploration 
and  settlement.  Great  Britain  has  nothing  to  fear  from  a  comparison  of  her  claims 
to  the  Oregon  territory,  taken  as  a  whole,  with  those  of  the  United  States.     That 
reduced  to  the  valley  drained  by  the  Columbia,  the   facts  on  which  the   United 
States  rest  their  case  are  far  from  being  of  that  complete  and  exclusive  character 
which  would  justify  a  claim  to  the  whole  valley  of  the  Columbia;  and  that  espe- 
cially as  relates  to  Vancouver's  island,  takcii  by  itself,  the  preferable  claim  of 
Great  Britain,  in  every  point  of  view,  seems  to  have  been   clearly  demonstrated. 
After  this  exposition  of  views  entertained  by  the  British  Government  respecting  the 
re'  !t've  value  and  importance  of  the  British  and  American  claims,  the  American 
'      iDotentiary  will   not   be   surprised   to    hear   that  the  undersigned  does  not 
iCL    at  liberty  to  accept  the  proposal  offered  by  the  American  Plenipotentiary  for 
t".ie  settlement  of  the  question.     This  proposal,  in  fact,  offers  less  than  that  ten- 
dered by  the  .Vmerican  Plenipotentiaries  in  the  negotiation  of  1826,  and  declined 
by  the  British  Government.     On  that  occasion  it  was  proposed  that  the  naviga- 
tion of  the  Coliimbia  should  be  made  free  to  both  parties.     On  this  nothing  is 
said  in  the  proposal  to  which  the  undersigned  has  now  the  honor  to  reply  ;  while, 
with  respect  to  the  proposed  freedom  of  the  ports  on  Vancouver's  island  south  of 
latitude  49°,  the  facts  which  have  l)een   appealed  to  in  this  paper,  as  giving  to 
Great  Britain  the  strongest  claim  to  the  possession  of  the  whole  island,  would 
seem  to  deprive  such  a  proposal  of  any  value. 

The  undersigned,  therefore,  trusts  that  the  American  Plenipotentiary  will  be 
prepared  to  offer  some  further  proposal  for  the  settlement  of  the  Oregon  question 
moreconststenl.  with  fairness  and  equity,  and  within  the  reasonable  expectations  of 
the  British  f 'ovcriment,  as  defined  in  the  statement  (marked  D)  which  the  under- 
signed he  '  \h-j  honor  to  present  to  the  American  Plenipotentiary  at  the  early  part, 
of  the  T't  sen',    negotiation. 

Th'  nu  let.cigned  British  Plenipotentiary  has  the  honor  to  renew  to  the  Hon. 
Jam°s  Bucha  \:i,  vS-cretary  of  State  and  Plenipotentiary  of  the  United  States,  the 
assurance  cf  1  .    ..igh  consideration.  R.  PAKENHAM, 

Hon.  JAME.S  Buchanan. 


(Mr.  Buchanan  to  Mr.  Pakenham.) 
(J.R.— 2.) 
Department  of  vState,  Washington,  August  30,  1845. 

T?  .  undersigned,  vSecretary  of  vState  of  the  United  States,  deems  it  his  duty  to 
make  _'.!\.°  observations  in  reply  to  the  statement  of  Her  Britannic  Majesty's  Envoy 
Extr  if.  .1^  ^pry  and  Minister  Plenipotentiary,  marked  "  R.  P."  and  dated  29th  of 
July,  i.-^v  . 

Prelimina'-y  to  the  discussion,  it  is  necessary  to  fix  our  attention  upon  the 
precise  question  under  consideration  in  the  present  stage  of  negotiation.  This 
question  simply  is,  were  the  titles  of  Spain  and  the  United  States,  when  united 
by  the  P'lorida  treaty,  on  the  22d  of  P''ebruary,  1819,  good  as  against  Great  Britain 
to  the  Oregon  territory  as  far  north  as  the  Russian  line,  in  the  latitude  of  54°  40'  ? 
If  they  were,  it  \ill  be  admitted  that  this  whole  territory  now  belongs  to  the 
United  vStates.  The  undersigned  again  remarks  that  it  is  not  his  purpose  to  re- 
peat the  argument  by  which  his  predecessor,  Mr.  Calhoun,  has  demonstrated  the 
American  title  "to  the  entire  region  drained  by  the  Columbia  river  and  its 
branches."     He  will  not  thus  impair  its  force.     It  is  contended,  on  the  part  of 


ivl^ 

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■  "l 


2:0 


brown's  political  history 


1845 


Great  Britain,  that  the  United  States  acquired  and  holds  the  Spanish  title  sulyect 
to  the  terms  and  conditions  of  the  Nootka  sound  convention,  concluded  between 
Great  Britain  and  Spain,  at  the  Escurial,  on  the  28th  of  October,  1790.  In  oppo- 
sition to  the  argument  of  the  undersigned,  contained  in  his  statement  marked 
"J,  B.,"  maintaining  thattliis  convention  had  been  annulled  by  the  war  between 
Spain  and  Great  Britain  in  1796,  and  has  never  since  been  revived  by  the  parties, 
the  British  Plenipotentiary,  in  his  statement  marked  "R.  P."  has  taken  the  fol- 
lowing position  : 

I.  "That  when  Spain  concluded  \  t  '  'lir  United  States  the  treaty  of  1819, 
commonly  called  the  Florida  treaty,  the  (  tion  concluded  between  the  former 

power  and  Great  Britain,  in  1791),  was  cons..  id  by  the  parties  to  it  to  be  still  in 
force." 

And  2.  ' '  But  that,  even  if  no  such  treaty  had  ever  existed,  Great  Britain  would 
stand,  with  reference  to  a  claim  to  the  Oregon  territory,  in  a  position  at  least  as 
favorable  as  the  United  States, ' ' 

The  undersigned  will  follow,  step  1)y  step,  the  argument  of  the  British  Pleni- 
potentiary in  support  of  these  propositions.  The  British  Plenipotentiary  states  that 
"  the  treaty  of  1790,  is  not  appealed  to  by  the  British  Government,  as  the  American 
Plenipotentiary  seems  to  suppose,  as  their  'r  ain  reliance'  in  the  present  discus- 
sion ;"  but  to  show  that,  by  the  Florida  treaty  of  1819,  the  United  States  acquired 
no  right  to  exclusive  dominion  over  any  part  of  the  Oregon  territory.  The  under- 
signed had  believed  that  ever  since  1826  the  Nootka  convention  has  been  regarded 
by  the  British  Government  as  their  main,  if  not  their  only  reliance.  The  very 
nature  and  peculiarity  of  their  claim  identified  it  with  the  construction  which  they 
have  imposed  upon  this  convention,  and  necessarily  excludes  every  other  basis  of 
title.  What  but  to  accord  with  this  construction  could  have  caused  Messrs.  Hus- 
kisson  and  Addington,  the  British  commissioners,  in  specifying  their  title,  on  the 
i6th  of  December,  1826,  to  declare  "that  Great  Britain  claims  no  exclusive  sov- 
ereignty over  any  portion  of  that  territory.  Her  present  claim,  not  in  respect  to 
any  part,  but  to  the  whole,  is  limited  to  a  right  of  joint  occupancy  in  common 
with  other  states,  leaving  the  right  of  exclusive  dominion  in  abeyance."  And 
agai'i,  "  By  that  convention  (of  Nootka)  it  was  agreed  that  all  parts  of  the  north- 
western coast  of  America,  not  altogether  occupied  at  that  time  by  either  of  the 
rjntracting  parties,  should  thenceforward  be  ecjually  open  to  the  subjects  of  both 
for  all  purposes  of  commerce  and  settlement — the  sovereignty  remaining  in  abey- 
ance. But  on  this  subject  we  are  not  left  to  mere  inferences,  however  clear.  The 
British  commissioners,  in  their  statement  from  which  the  undersigned  has  just 
quoted,  have  virtually  abandoned  any  other  title  which  Great  Britain  may  have 
previously  asserted  to  the  territory  in  dispute,  and  expressly  declare  "that  what- 
ever that  title  may  have  been,  however,  either  on  the  part  of  Great  Britain  or  on 
the  part  of  vSpain,  prior  to  the  convention  of  1790,  it  was  thenceforward  no 
longer  to  be  traced  in  vague  narratives  of  discoveries,  several  of  them  admitted  to 
be  apocryphal,  but  in  the  text  and  stipulations  of  that  convention  itself."  And 
again,  in  summing  up  their  whole  case,  they  say:  "Admitting  that  the  United 
States  have  acquired  all  the  rights  which  Spain  possessed  up  to  the  treaty  of  Flor- 
ida, either  in  virtue  of  discovery,  or,  as  is  pretended,  in  right  of  Louisiana,  Great 
Britain  maintains  thai  the  nature  and  extent  of  these  rights,  as  well  as  the  rights 
of  Great  Britain,  are  fixed  and  defined  by  the  convention  of  Nootka,"  etc. 

The  undersigned,  after  a  careful  examination,  can  discover  nothing  in  the 
note  of  the  present  British  Plenipotentiary  to  Mr.  Calhoun,  of  the  12th  of  Sep- 
tember last,  to  impair  the  force  of  these  declaiations  and  admissions  of  his  prede- 


1845 


PROVISIONAL   GOVERNMENT. 


211 


cessors.  On  the  contrary,  its  general  tone  is  in  perfect  accordance  with  them. 
Whatever  may  be  the  consequence  then,  whether  for  good  or  for  evil — whether  to 
strengthen  or  to  destroy  the  British  claim — it  is  now  too  late  for  the  British  Gov- 
ernment to  vary  their  position.  If  the  Nootka  convention  confers  upon  them  no 
such  rights  as  they  claim,  they  cannot  at  this  late  hour  go  behind  its  provisions, 
and  set  up  claims  which  in  1S26  they  admitted  had  been  merged  "in  the  text  and 
stipulations  of  that  convention  itself."  The  undersigned  regrets  that  the  British 
Plenipotentiary  has  not  noticed  his  exposition  of  the  true  construction  of  the 
Nootka  convention.  He  had  endeavored,  and  he  believes  successfully,  to  prove 
that  this  treaty  was  transient  in  its  very  nature  ;  that  it  conferred  upon  Great 
Britain  no  right  but  that  of  merely  trading  with  the  Indians  whilst  the  country 
should  remain  unsettled,  and  making  the  necessary  estaLlishments  for  the  pur- 
pose ;  and  that  it  did  not  interfere  with  the  ultimate  sovereignty  of  Spain  over  the 
territory.  The  British  Plenipotentiary  has  not  attempted  to  resist  these  conclu- 
sions. If  they  be  fair  and  legitimate,  then  it  would  not  avail  Great  Britain,  even 
if  it  should  prove  the  Nootka  convention  to  be  still  in  force.  On  the  contrary, 
this  convention,  if  the  construction  placed  upon  it  by  the  undersigned  be  correct, 
contains  a  clear  virtual  admission,  on  the  part  of  Great  Britain,  that  Spain  held 
the  eventual  right  of  sovereignty  over  the  whole  disputed  territory ;  and  conse- 
quently that  it  now  belongs  to  the  United  States.  The  value  of  this  admission, 
made  in  1790,  is  the  same,  whether  or  not  the  convention  has  continued  to  exist 
until  the  present  day.  But  he  is  willing  to  leave  this  point  on  the  uncontroverted 
argument  contained  in  his  former  statement.  But  is  the  Nootka  sound  conven- 
tion still  in  force  ?  The  British  I'lenipotentiary  does  not  contest  the  clear  general 
principle  of  public  law,  "that  vsar  terminates  all  subsisting  treaties  between  the 
belligerant  powers."  He  contends,  however,  in  the  first  place,  that  this  conven- 
tion is  partly  commercial,  and  that,  so  far  as  it  partakes  of  this  character,  it  was 
revived  by  the  treaty  concluded  at  Madrid  on  the  28th  of  August,  1814,  which  de- 
clares "that  all  the  treaties  of  commerce  which  subsisted  l)etween  the  two  parties 
(Great  Britain  and  Spain)  in  1796,  were  thereby  ratified  and  confirmed;"  and  sec- 
ond, "that  in  other  respects  it  must  be  considered  as  an  acknowledgment  of  sub- 
sisting rights — an  admission  of  certain  principles  of  international  law,"  not  to  be 
revoked  by  war.  In  regard  to  the  first  proposition,  the  undersigned  is  satisfied  to 
leave  the  question  to  rest  upon  his  former  argument,  as  the  British  Plenipotentiary 
has  contented  himself  with  merely  asserting  the  fact,  that  the  commercial  portion 
of  the  Nootka  sound  convention  was  revived  by  the  treaty  of  1S14,  without  even 
specifying  what  he  considers  to  be  that  portion  of  the  convention.  If  the  under- 
signed had  desired  to  strengthen  his  former  position,  he  might  have  repeated  with 
great  effect  the  argument  contained  in  the  note  of  Lord  Aberdeen  to  the  Duke  of 
Sotomayor,  dated  June  30,  1845,  in  which  his  Lordship  clearly  established  that  all 
the  treaties  of  commerce  subsisting  between  Great  Britain  and  Spain  previous  to 
1796  were  confined  to  the  trade  with  .Spain  alone,  and  did  not  embrace  her  col- 
onies and  remote  possessions.  The  second  proposition  of  the  British  Plenipoten- 
tiary deserves  greater  attention.  Does  the  Nootka  sound  convention  belong  to 
that  class  of  treaties  containing  "an  acknowledgment  of  subsisting  rights — an  ad- 
mission of  certain  principles  of  international  law"  not  to  be  abrogated  by  war? 
Had  Spain  by  this  convention  acknowledged  the  right  of  all  nations  to  make  dis- 
coveries, plant  settlements,  and  establish  colonies  on  the  northwest  coast  of 
America,  bringing  with  them  their  sovereign  jurisdiction,  there  would  have  been 
much  force  in  the  argument.  But  such  an  admission  never  was  made,  and  never 
was  intended  to  be  made  by  Spain. 


!    .  : 


212 


BROWN  S    POLITICAL    HISTORY, 


1845 


Hi 
iil 


!i 


J  ; 


t 


1! 


!  ! 


The  Nootka  convention  is  arbitrary  and  artificial  in  the  highest  degree,  and  is 
anything  rather  than  the  mere  acknowledgement  of  simple  and  elementary  princi- 
ple consecrated  bv  the  law  of  nations.  In  all  its  provisions  it  is  expressly  confined  to 
Great  Britain  and  Spain,  and  acknowledges  no  right  whatever  in  any  third  Power 
to  interfere  with  the  northwest  coast  of  America.  Neither  in  its  terms,  nor  in  its 
essence,  does  it  contain  any  acknowledgement  of  previously  subsisting  territorial 
rights  in  Great  Britain,  or  any  other  nation.  It  is  strictly  confined  to  future  engage- 
ments ;  and  these  are  of  a  most  peculiar  character.  Even  under  the  construction 
of  its  provisions  maintained  by  Great  Britain,  her  claim  does  not  extend  to  plant 
colonies — which  she  would  have  had  a  right  to  do  under  the  law  of  nations,  had 
the  country  been  unappropriated  ;  but  it  is  limited  to  a  mere  right  of  joint  occu- 
pancy, notinre.spccttoany  part,  but  to  the  whole,  the  sovereignty  remaining  inabe\  - 
ance.  And  to  what  kind  of  occupancy?  Not  separate  and  distinct  colonies,  I'Ut 
scattered  settlements,  intermingled  with  each  other,  over  the  whole  surface  of  the 
territory,  for  the  single  purpose  of  trading  with  the  Indians,  to  all  of  which  the  sub- 
jectsof  each  power  should  have  free  access,  the  right  of  exclusive  dominion  remaining 
suspended.  Surely  it  cannot  be  successfully  contended  that  such  a  treaty  is  "an 
admission  of  certain  principles  of  international  law,"  so  sacred  and  so  perpetual  in 
their  nature  as  not  to  be  annulled  by  war. 

On  the  contrary,  from  the  character  of  its  provisions,  it  cannot  be  supposed 
for  a  single  moment  that  it  was  intended  for  any  purpose  but  that  of  a  mere  tem- 
porary arrangement  between  Great  Britain  and  vSpain.  The  law  of  nations  recog- 
nizes no  such  principles  in  regard  to  unappiv^priated  territory  as  those  embraced 
in  this  treaty  ;  and  the  British  Plenipotentiary  must  fail  in  the  attempt  to  prove 
ib;>:  it  contains  "an  admission  of  certain  principles  of  international  law,"  which 
will  survive  the  shock  of  war.  But  the  British  Plenipotentiary  contends  that  from 
the  silence  of  Spain  during  the  negotiations  of  1S18  between  Great  Britain  and  the 
United  States  respecting  the  Oregon  territory,  as  well  as  "from  her  silence  with 
respect  to  the  continued  occupation  by  the  British  of  their  settlements  in  the  Co- 
lumbia territory  subsequently  to  the  convention  of  1814,"  it  may  fairly  "  be  in- 
ferred that  Spain  considered  the  stipulations  of  the  Nootka  convention,  and  the 
principles  therein  laid  down,  to  be  still  in  force." 

The  undersigned  cannot  imagine  a  case  where  the  obligations  of  a  treaty,  once 
extinguished  by  war,  can  be  revived  without  a  positive  agreement  to  this  effect 
between  the  parties.  Even  if  both  parties,  after  the  conclusion  of  peace,  should 
perform  positive  and  unequivocal  acts  in  accordance  with  its  provisions,  these  must 
be  construed  as  merely  voluntary,  to  be  discontinued  by  either  at  pleasure.  But 
in  the  present  case  it  is  not  even  pretended  that  Spain  performed  any  act  in  accord- 
ance with  the  convention  of  N'ootka  Sound  after  her  treaty  with  Great  Britain  of 
1814.  Her  mere  silence  is  relied  upon  to  revive  that  convention.  The  undersigned 
asserts  confidently,  that  neither  by  public  nor  private  law  will  the  mere  silence 
of  one  party,  whilst  another  is  encroaching  upon  his  rights,  even  if  he  had  knowl- 
edge of  this  encroachment,  deprive  him  of  those  rights.  If  this  principle  be  cor- 
rect as  applied  to  individuals,  it  holds  with  much  greater  force  in  regard  to  nations. 
The  feeble  may  not  be  in  a  condition  to  complain  against  the  powerful;  and  thus  the 
encroachment  of  the  strong  would  convert  itself  into  a  perfect  title  against  the  weak. 
In  the  present  Case  it  was  scarcely  possible  for  Spain  even  to  have  learned  the 
pending  negotiations  between  the  United  vStates  and  Great  Britain,  in  relation  to 
the  northwest  coast  of  America,  before  she  had  ceded  all  her  rights  on  that  coast  to 
the  former  by  the  Florida  treaty  of  the  22d  of  February,  1819.  The  convention  of 
joint  occupation   between   the   United  States  and  Great  Britain  was  not  signed  at 


l'-"i''"T« 


1845 


PROVISIONAL   GOVERNMENT. 


21 


IvOndon  until  the  20th  of  October,  iSiS,  but  four  months  previous  to  the  date  of 
the  I'lorida  treaty  ;  and  tlie  ratifications  were  not  exchanged,  and  the  convention 
published,  until  the  30th  of  January,  1819.  Besides,  the  negotiations  which  term- 
inated in  the  Flofi  la  treaty  had  been  commenced  as  early  as  December,  1815,  and 
were  in  fuii  progress  on  the  20th  October,  1818,  when  the  convention  was  signed 
between  (ircat  Britain  and  'he  United  vStates.  It  does  not  appear,  therefore,  that 
Spain  had  any  knowledge  of  the  existence  of  these  negotiations  ;  and  even  if  this 
were  otherwise  she  would  have  had  no  motive  to  complain,  as  she  was  in  the  very 
act  of  transferring  all  her  rights  to  the  United  States.  "But,"  says  the  British 
Plenipotentiary,  "Spain  looked  in  silence  on  the  continued  occupation  by  the 
British  of  the  settlement  in  the  Columbia  territory  subsequently  to  the  convention 
of  1S14,  and  therefore  she  considered  the  Nootka  Sound  convention  to  be  still  in 
force."  The  period  of  this  silence,  so  far  as  it  could  affect  Spain,  commenced  on 
the  2Sth  day  of  August,  1814,  the  date  of  the  additional  articles  to  the  treaty  of 
Madrid,  and  terminated  on  the  22d  of  February,  18 19,  the  date  of  the  Florida  treaty. 
Is  there  the  least  reason  for  this  silence  to  infer  an  admission  by  Spain  of  the  con- 
tinued existence  of  the  Nootka  Sound  con%'ention  ? 

Ill  the  first  place,  this  convention  was  entirely  confined  "to  landing  on  the 
coasts  of  those  seas,  in  places  not  already  occupied,  for  the  purpose  of  carrying  on 
their  commerce  with  the  natives  of  the  country,  or  of  making  settlements  there." 
It  did  not  extend  to  the  interior.  At  the  date  of  this  convention  no  person  dream- 
ed that  British  traders  from  Canada  or  Hudson's  Bay  would  cross  the  Rocky 
mountains  and  encroach  on  the  rights  of  Spain  from  that  quarter.  Great  Britain 
had  never  made  any  settlement  on  the  northwestern  coast  of  America  from  the 
date  of  the  Nootka  Sound  convention  until  the  22d  of  February,  1819,  nor,  so  far 
as  the  undersigned  is  informed,  has  she  done  so  down  to  the  present  moment. 
vSpain  could  not,  therefore,  have  complained  of  any  such  settlement.  In  regard  to 
the  encroachments  which  had  been  made  from  the  interior  by  the  Northwest 
Company,  neither  Spain  nor  the  rest  of  the  world  had  any  specific  knowledge  of 
their  existence.  But  even  if  the  British  Plenipotentiary  had  brought  such  knowl- 
edge home  to  her — which  he  has  not  attempted — she  had  been  exhausted  by  one 
long  and  bloody  war,  and  was  then  engaged  in  another  with  her  colonies;  and 
was,  besides,  negotiating  for  a  transfer  of  all  her  rights  on  the  northwestern  coast 
of  America  to  the  United  States.  Surely  there  were  sufficient  reasons  for  her  si- 
lence, without  inferring  from  it  that  she  acquiesced  in  the  continued  existence  of 
the  Nootka  convention.  If  Spain  had  entertained  the  least  idea  that  the  Nootka 
convention  was  still  in  force,  her  good  faith  and  her  national  honor  would  have 
caused  her  to  communicate  this  fact  to  the  United  States  before  she  had  ceded 
this  territory  to  them  for  an  ample  consideration.  Not  the  least  intimation  of 
this  kind  was  ever  communicated. 

Like  Great  Britain  in  1818,  Spain  had  no  idea  that  the  Nootka  sound  conven- 
tion was  in  force.  It  had  then  passed  awaj-and  was  forgotten.  The  British  Pleni- 
potentiary alleges  that  the  reason  why  Great  Britain  did  not  assert  the  existence 
of  the  Nootka  convention  during  the  negotiations  between  the  two  Governments 
in  1818  was,  that  no  occasion  had  arisen  for  its  interposition,  the  American  Gov- 
ernment not  having  then  acquired  the  title  of  Spain.  It  is  very  true  that  the 
United  States  had  not  then  acquired  the  Spanish  title;  but  it  is  possible  to  imagine 
that  throughout  the  whole  negotiations  the  British  commissioners,  had  thev  sup- 
posed this  convention  to  have  been  in  existence,  would  not  have  remained  entire- 
ly silent  in  regard  to  a  treaty  which,  as  Great  Britain  now  alleges,  gave  her  equal 
and  co-ordinate  rights  with  Spain  to  the  whole  northwest  coast  of  America.     At 


;i 


ii 


I  ni 


ill 

in 


If  I 
111 


h 


' 


214 


brown's  political  history. 


1S4: 


that  period  Great  Rritain  confined  lier  claims  to  those  arising  from  discovery  and 
purchase  from  the  Indians.  How  vastly  she  could  have  strengthened  these  claims 
had  she  then  supposed  the  Nootka  convention  to  be  in  force,  with  her  present  con- 
struction of  its  provisions!  Ivven  in  1824  it  was  first  introduced  into  the  negotia- 
tion, not  by  her  commissioners  but  by  Mr.  Rush,  the  American  Plenipotentiary. 
But  the  British  IMenipotentiary  argues  that  "the  United  States  can  found  no  claim 
on  discovery,  exploration  and  settlement  effected  previously  to  the  Florida  treaty, 
without  admitting  the  principles  of  the  Nootka  convention  ;  nor  can  they  appeal 
to  any  exclusive  right  as  acquired  by  the  Florida  treaty  without  upsetting  all 
claims  adduced  in  their  own  proper  right  by  reason  of  discovery,  exploration  and 
settlement  antecedent  to  that  arrangement."  This  is  a  most  ingenious  method  of 
making  two  distinct  and  independent  titles'  held  by  the  same  nation  worse  than 
one — of  arraying  them  against  each  other,  and  thus  destro>ing  the  validity  of 
both.  Does  he  forget  that  the  United  States  own  both  these  titles,  and  can  wield 
them  either  separately  or  conjointly  against  the  claim  of  Great  Britain  at  their 
pleasure  ?  From  the  course  of  his  remarks  it  might  be  supposed  that  Great  Brit- 
ain, and  not  the  United  States,  had  acquired  the  Spanish  title  under  the  Florida 
treaty.  But  Great  Britain  is  a  third  party — an  entire  stranger  to  both  these  titles — 
and  has  no  right  whatever  to  marshal  the  one  against  the  other.  By  what  author- 
ity can  Great  Britain  interpose  in  this  manner?  Was  it  ever  imagined  in  any 
court  of  justice  that  the  acquisition  of  a  new  title  destroyed  the  old  one,  and 
vice  versa,  that  the  purchase  of  the  old  title  destroyed  the  new  one  ?  In  a 
question  of  mere  private  right  it  would  be  considered  absurd  if  a  stranger  to  Ijoth 
titles  should  say  to  the  party  who  made  a  settlement,  "You  shall  not  avail  your- 
self of  your  possession,  because  this  was  taken  in  violation  of  another  outstand- 
ing title;  and,  although  I  must  admit  that  you  have  also  acquired  this  outstand- 
ing title,  yet  even  this  shall  avail  you  nothing,  because,  having  taken  possession 
previously  to  j'our  purchase,  you  thereby  evinced  that  you  did  not  regard  such 
title  as  valid."  And  yet  such  is  the  mode  by  which  the  British  Plenipotentiary 
has  attempted  to  destroy  both  the  American  and  Spanish  titles.  On  the  contrary, 
in  the  case  mentioned,  the  possession  and  the  outstanding  title  being  united  in  the 
same  individual,  these  conjoined  would  be  as  perfect,  as  if  both  had  been  vested 
in  him  from  the  beginning. 

The  undersigned,  whilst  strongly  asserting  both  these  titles,  and  believing 
each  of  them  separately  to  be  good  as  against  Great  Britain,  has  studiously 
avoided  instituting  any  comparison  between  them.  But  admitting,  for  the  sake 
of  argument  merely,  that  the  discovery  by  Captain  Gray  of  the  mouth  of  the 
Columbia,  its  exploration  by  Lewis  and  Clarke,  and  the  settlement  upon  its  banks 
at  Astoria,  were  encroachments  on  Spain,  she,  and  she  alone,  had  aright  to  com- 
plain. Great  Britain  was  a  third  party,  and  as  such  had  no  right  to  interfere  in 
the  question  between  Spain  and  the  United  States.  But  Spain,  instead  of  com- 
plaining of  these  acts  of  encroachment,  on  the  22d  of  February,  1819,  by  the 
Florida  treaty,  transferred  the  whole  title  to  the  United  States.  From  that  mo- 
ment all  possible  conflict  between  the  two  titles  ended,  both  being  united  in  the 
same  party.  Two  titles  which  might  have  conflicted,  therefore,  were  thus  blended 
together.  The  title  now  vested  in  the  United  States  is  just  as  strong  as  though 
ever}'  act  of  discovery,  exploration  and  settlement  on  the  part  of  both  powers 
had  been  performed  by  vSpain  alone,  before  she  had  transferred  all  her  rights  to 
the  United  States.  The  two  powers  are  one  in  this  respect ;  the  two  titles  are 
one  ;  and,  as  the  undersigned  will  show  hereafter,  they  serve  to  confirm  and 
strengthen  each  other. 


"1  'I 


W^}  \ 


1845 


PROVISIONAL   GOVERNMENT. 


215 


If  Great  Britain  instead  of  the  Unit'jd  vStates,  had  acquired  the  title  of  Spain, 
she  might  have  contended  that  those  acts  of  the  United  States  were  encroach- 
ments; but  standing  in  the  attitude  of  a  stranger  to  both  titles,  she  has  no  right 
to  interfere  in  the  matter.  The  undersigned  deems  it  unnecessary  to  pursue  this 
branch  of  the  subject  further  than  to  state  that  the  United  States,  before  they 
had  acquired  the  title  of  Spain,  always  treated  that  title  with  respect.  In  the 
negotiation  of  1818,  the  American  Plenipotentiary  "didnot  assert  that  the  United 
States  had  a  perfect  right  to  that  country,  but  insisted  that  their  claim  was  at  least 
good  against  Great  Britain  ;"  and  the  convention  of  October  20,  1818,  unlike  that 
of  Nootka  sound,  reserved  the  claims  of  any  other  power  or  state  to  any  part  of 
the  said  country.  This  reservation  could  have  been  intended  for  Spain  alone.  But 
ever  since  the  United  States  acquired  the  Spanish  title  they  have  always  asserted 
and  maintained  their  rights  in  the  strongest  terms  up  to  the  Russian  line,  even 
whilst  offering  for  the  sake  of  harmony  and  peace,  to  divide  the  territory  in  dis- 
pute by  the  forty-ninth  parallel  of  latitude.  The  British  Plenipotentiary,  then, 
has  entirely  failed  to  sustain  his  position,  that  the  United  States  can  found  no 
claim  on  discovery,  exploration  and  settlement,  without  admitting  the  principles 
of  the  Nootka  convention.  That  convention  died  on  the  commencement  of  the 
war  between  Spain  and  England  in  1796,  and  has  never  since  been  revived.  The 
British  Plenipotentiary  next  "endeavors  to  prove  that  even  if  the  Nootka  sound 
convention  had  never  existed,  the  position  of  Great  Britain,  in  regard  to  her 
claim,  whether  to  the  whole,  or  to  any  particular  portion  of  the  Oregon  territory, 
is  at  least  as  good  as  that  of  the  United  States."  In  order  to  establish  this  posi- 
tion, he  must  show  that  the  British  claim  is  equal  in  validity  to  the  title  of  both 
Spain  and  the  United  States.  These  can  never  be  separated.  They  are  one  and 
the  same.  Different  and  diverging  as  thej'  may  have  been  before  the  Plorida 
treaty,  they  are  now  blended  together  and  identified.  The  separate  discoveries, 
explorations  and  settlements  of  the  two  powers  previous  to  that  date,  must  now 
be  considered  as  if  they  had  all  been  made  by  the  United  States  alone.  Under 
this  palpable  view  of  the  subject,  the  undersigned  was  surprised  to  find  that  in 
the  comparison  and  contrast  instituted  by  the  British  Plenipotentiary  between  the 
claim  of  Great  Britain  and  that  of  the  United  States,  he  had  entirely  omitted  to 
refer  to  the  discoveries,  explorations  and  settlements  made  by  Spain.  The  under- 
signed will  endeavor  to  supply  the  omission. 

But,  before  he  proceeds  to  the  main  argument  on  this  point,  he  feels  himself 
constrained  to  express  his  surprise  that  the  British  Plenipotentiary  should  again 
have  invoked,  in  support  of  the  British  title,  the  inconsistency  between  the  Span- 
ish and  American  branches  of  the  title  of  the  United  States.  The  undersigned 
cannot  forbear  to  congratulate  himself  upon  the  fact,  that  a  gentleman  of  Mr. 
Pakenham's  acknowledged  ability  has  been  reduced  to  the  necessity  of  relying 
chiefly  upon  such  a  support  for  sustaining  the  British  pretensions.  Stated  in 
brief,  the  argument  is  this :  The  American  title  is  not  good  against  Great  Brit- 
ain, because  inconsistent  with  that  of  Spain;  and  the  Spanish  title  is  not  good 
against  Great  Britain,  because  inconsistent  with  that  of  the  United  States.  The 
undersigned  had  expected  something  far  different  than  such  an  argument  in  a 
circle.  He  had  anticipated  that  the  British  Plenipotentiary  would  have  attempted 
to  prove  that  vSpain  had  no  right  to  the  northwestern  coast  of  America ;  that  it 
was  vacant  and  unappropriated ;  and  hence,  under  the  law  of  nations,  was  open 
to  discovery,  exploration  and  settlement  by  all  nations.  But  no  such  thing.  On 
this  vital  point  of  his  case  he  rests  his  argument  solely  on  the  declaration  made 
by  the  undersigned,  that  the  title  of  the  United  States  to  the  valley  of  the  Colum- 


>l!fl! 


1    , 

'   '       ,     ' 

■i      ■  ■   i,\ 

f-! 


w 


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n 


\l 


1 

1 

■ 

i" 

r 

■ 

i 

216 


BROWN  .S    POLITICAL   HISTORY 


1845 


bia  was  perfect  and  complete  before  the  treaties  of  joint  occupation  of  October, 
1818,  and  August,  1827,  and  before  the  date  of  the  Florida  treaty  in  1819.  But  the 
British  Plenipotentiarj-  ouglit  to  recollect  that  this  title  was  asserted  to  be  com- 
plete, not  against  Spain,  but  against  (Vreat  Britain;  that  the  argument  was  con- 
ducted, not  against  a  .Spanish  but  a  British  I'lenipotentiary  ;  and  that  the  United 
States,  and  not  Great  Britain,  represent  the  Spanish  title;  and  further,  that  the 
statement  from  which  he  extracts  these  declarations  was  almost  exclusively  de- 
voted to  prove,  in  the  language  quoted  by  the  British  I'lenipotentiary,  himself, 
that  "Spain  had  a, good  title,  as  against  Great  Britain,  to  the  whole  of  the  Ore- 
gon territory."  The  undersigned  has  never,  as  he  before  observed,  instituted  any 
comparison  between  the  American  and  Spanish  titles.  Holding  both — having  a 
perfect  right  to  rely  upon  both,  whether  jointly  or  separately — he  has  strongly  as- 
serted each  of  them  in  its  turn,  fully  persuaded  that  either  the  one  or  the  other  is 
good  against  Great  Britain,  and  that  no  human  ingenuity  can  make  the  Spanish 
title,  now  vested  in  the  United  State,  worse  than  it  would  have  been,  had  it  re-' 
mained  in  the  hands  of  Spain.  Briefly  to  illustrate  and  enforce  this  title  shall 
be  the  remaining  task  of  the  undersigned. 

And,  in  the  first  place,  he  cannot  but  commend  the  frankness  and  candor  of 
the  British  Plenipotentiary  in  departitig  from  the  course  of  his  predecessors,  and 
rejecting  all  discoveries  previous  to  those  of  Captain  Cook,  in  the  year  1778,  as 
foundations  of  the  British  title.  Commencing  with  discovery  at  a  period  so  late, 
the  Spanish  title,  on  the  score  of  antiquity,  presents  a  strong  contrast  to  that  of 
Great  Britain.  The  undersigned  had  stated,  as  an  historical  and  "  striking  fact, 
which  must  have  an  important  bearing  against  the  claim  of  Great  Britain,  that 
this  convention  (the  Nootka),  which  was  dictated  by  her  to  Spain,  contains  no 
provision  impairing  the  ultimate  sovereignty  which  that  Power  had  asserted  for 
nearly  three  centuries  over  the  whole  western  side  of  North  America,  as  far  north 
as  the  6ist  degree  of  latitude,  and  which  had  never  been  seriously  questioned 
by  any  European  nation.  This  had  been  maintained  by  vSpain  with  the  most  vig- 
ilant jealousy  ever  since  the  discovery  of  the  American  continent,  and  had  been 
acquiesced  in  by  all  European  Governments,  It  had  been  admitted  even  beyond 
the  latitude  of  54°  40'  north,  by  Russia,  then  the  only  Power  having  claims  which 
could  come  into  collision  with  Spain  ;  and  that  too,  under  a  sovereign  peculiarly 
tenacious  of  the  territorial  rights  of  her  empire."  These  historical  facts  had  not 
been,  as  they  could  not  be,  controverted  by  the  British  Plenipotentiary,  although 
they  were  brought  under  his  particular  observation,  and  were  even  quoted  by  him 
with  approbation,  for  the  purpose  of  showing  the  inconsistency  of  the  several 
titles  held  by  the  United  States. 

In  the  language  of  Count  Fernati  de  Nunez,  the  Spanish  Ambassador  at  Paris, 
to  M.  de  Montmorin,  the  Secretary  of  the  Foreign  Department  of  France,  under 
date  of  June  16,  1790:  "  By  the  treaties,  demarkations,  takings  of  possession, 
and  the  most  decided  acts  of  sovereignty  exercised  by  the  .Spaniards  in  those  sta- 
tions from  the  reign  of  Charles  II.,  and  authorized  by  that  monarch  in  1692,  the 
original  vouchers  for  which  shall  be  brought  forward  in  the  course  of  the  negotia- 
tion, all  the  coast  to  the  north  of  Western  America,  on  the  side  of  the  South  vSec. 
as  far  as  beyond  what  is  called  Prince  William's  Sound,  which  is  in  the  6tst  de- 
gree, is  acknowledged  to  belong  exclusively  to  Spain."  Co'np''rpd  with  this  a.. 
cient  claim  of  Spain,  acquiesced  in  by  all  B'uropean  nations  for  centuries,  the 
claim  of  Great  Britain,  founded  on  discoveries  commenced  at  so  late  a  period  as 
the  year  1778,  make  an  unfavorable  first  impression.  Spain  considered  the 
northwest  coast  of  America  as  exclusively  her  own.     She  did  not  send  out  expedi- 


■■TT-TTTFW«| 


i«45 


PROVISIONAL   GOVKRNMKNT. 


317 


tions  to  explore  that  coast  for  the  purpose  of  rejideriiig  her  title  more  valid.  When 
it  suited  her  convenience,  or  pn)uioted  her  own  interest,  she  fitted  out  such  expe- 
ditions of  discovery  to  ascertain  the  character  and  extent  of  her  own  territory,  and 
yet  her  discoveries  along  that  coast  are  far  earlier  than  those  of  the  Rritish. 

That  Juan  De  I'uca,  a  (ireek,  in  the  service  of  Spain,  in  1592,  discovered  and 
sailed  through  the  strait  now  bearing  his  name,  from  its  southern  to  its  northern 
extremity,  and  thence  returned  by  the  same  passage,  no  longer  admits  of  reason- 
able doubt.  An  account  of  this  voyage  was  published  in  London  in  1625,  in  a 
work  called  the  Pilgrims,  by  Samuel  Purchas.  This  account  was  received  from 
the  lips  of  Fuca  himself  at  Venice,  in  April,  1596,  by  Michael  Lock,  a  highly  re- 
spectable Ivnglish  merchant.  During  a  long  period,  this  voyage  was  deemed  fab- 
ulous because  subsequent  navigators  had  in  vain  attempted  to  find  these  straits, 
p-inally,  after  they  had  been  found,  it  was  discovered  that  the  description  of  De 
Fuca  corresponded  so  accurately  with  their  geography  and  the  facts  prese.'ted  by 
nature  upon  the  ground,  that  it  was  no  longer  possible  to  consider  his  narration 
as  fabulous. 

It  is  true  that  the  opening  of  the  straits  from  the  south  lies  between  the  48th 
and  49th  parallels  of  latitude,  and  not  between  the  47th  and  48th  parallels,  as  he 
had  supposed  ;  but  this  mistake  may  be  easily  explained  by  the  inaccuracy  .so  com- 
mon throughout  the  i6th  century  in  ascertaining  the  latitude  of  places  in  newly 
discovered  countries.  It  is  also  true  that  De  Fuca,  alter  passing  through  these 
straits,  supposed  he  had  reached  the  Atlantic,  and  had  discovered  the  passage  so 
long  and  so  anxiously  sought  after  between  the  two  oceans  ;  but  from  the  total  ig- 
norance and  misapprehension  which  had  prevailed  at  that  early  day  of  the  geog- 
raphy of  this  portion  of  North  America,  it  was  natural  for  him  to  believe  that  ne 
had  made  this  important  discovery.  Justice  has  at  length  been  done  to  his  mem- 
ory, and  these  straits  which  Le  discovered  will,  in  all  future  time,  bear  his  name. 
Thus,  the  merit  of  the  discovery  of  the  Straits  of  Fuca  belongs  to  Spain  ;  and  this 
nearly  two  centuries  before  they  had  been  entered  by  Captain  Berkeley,  under  the 
Austrian  flag. 

It  is  unnecessary  to  detail  the  discoveries  of  the  Spaniards,  as-"  they  regularly 
advanced  to  the  north  from  their  settlements  on  the  western  coast  01  North  Amer- 
ica, until  we  reach  the  voyage  of  Captain  Juan  Perez  in  1774.  That  navigator  w  :; 
commissioned  by  the  Viceroy  of  Mexico  to  proceed  in  the  corvette  Santiago  t: 
the  60th  dej;'  ^  ^  of  north  latitude,  and  from  that  point  to  examine  th  •  coast  down 
to  Mexico,  -le  sailed  from  San  Bias  on  the  25th  of  January,  1774.  In  the  per- 
formance of  i'  '  mission,  he  landed  first  on  the  northwest  coast  of  Queen 
Charlotte's  Islav  'he  54th  degree  of  north  latitude,  and  thence  proceeded 
south  along  the  j-acre  .  ."  that  island,  and  of  the  great  island  of  Quadra  and  Van- 
cou%'er,  M\A  then  along  Jie  coast  of  the  continent  until  he  reached  Monterey.  He 
went  on  shore  and  held  intercourse  with  the  natives  at  several  places  and  espe- 
cially at  the  entrance  of  a  bay  in  latitude  49'2°i  which  he  called  Port  vSan  Lorenzo, 
the  same  now  known  by  the  name  of  Nootka  Sound.  In  addition  to  the  journals 
of  this  voyage,  which  render  the  fact  incontestable,  we  have  the  high  authority 
of  Baron  Humboldt  in  its  favor.  That  distinguished  traveller,  who  had  access  to 
the  manuscript  documents  in  the  city  of  Mexico,  states  that  "  Perez  and  his  pilot, 
Estevan  Martinez,  left  the  port  of  San  Bias  on  the  24th  of  January,  1774.  On  the 
9th  of  August,  they  anchored  ( the  first  of  all  F^uropean  navigators )  in  Nootka 
Road,  which  they  called  the  Port  of  San  Lorenzo,  and  which  the  illustrious  Cook, 
four  years  afterwards,  called  King  George's  Sound." 

The  next  year  (  1775  )  the  Viceroy  of  Mexico  again  fitted  out  the  Santias^o,  un- 


Ijf 


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HROWN'S    politic  a  I.    HISTORY 


1845 


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ik-r  tliL-  commiind  of  Bruno  Ilcceta,  with  Perez,  her  former  commander,  as  ensign, 
and  also  a  sdiooner,  called  the  Senora,  commanded  by  Juan  Francisco  de  la  Bo- 
degay  Quadra.  These  vessels  were  commissioned  to  examine  the  northwestern 
coast  of  Americ'.i  as  far  as  the  65th  degree  of  latitude,  and  sailed  in  company  from 
San  Bias  on  the  15th  of  March,  1775.  It  is  unnecessary  to  enumerate  the  diflferent 
places  on  the  coast  examined  by  these  navigators  either  in  company  or  separately. 
vSulficc  it  to  say,  that  they  Uuuied  at  many  places  on  vhe  coast  from  the  41st  to  the 
57th  degree  of  latitude,  on  all  of  which  occasions  they  v')ok  possession  <;f  the  coun- 
try in  the  name  of  their  .sovereign,  according  to  a  prescribed  regulation  ;  celebrat- 
ing mass,  reading  declarations  a ■.,.■.«. uiiig  the  rigi't  of  Spain  to  the  territory,  and 
erecting  crosses  with  inscriptijns  to  commemorate  the  event.  vSome  of  thebe 
crosses  were  afterwards  found  standing  l)y  British  navigators.  In  reference  to  these 
voyages.  Baron  Ilumboidtsays:  "In  the  following  year  1775  (after  lhatofrerez),a 
second  expedition  set  out  from  San  Bias,  under  the  command  of  Heceta,  Ayala, 
and  Quadra.  Heceta  discovered  the  mouth  of  the  Rio  Columbia,  called  the  Kn- 
trada  de  Heceta,  the  peak  of  San  Jacinto  (  Mount  lidgeconib  ),  near  Norfolk  Bay, 
and  the  fine  port  of  Bucareli.  I  possessed  two  very  curious  small  maps,  engraved 
in  178S,  in  the  city  of  Mexico,  which  gave  the  bearings  of  tlie  coast  from  the  27th 
to  the  jSth  degree  of  latitude,  as  they  were  discovered  in  the  expedition  of 
Quadra." 

In  the  face  of  these  incontestable  facts  the  British  Plenipotentiary  says:  '  'That 
Captain  Cook  mi:  .t  also  be  considered  the  discoverer  of  Nootka  sound,  in  conse- 
quence of  the  want  of  authenticity  in  the  allcjjed  previous  dicovery  of  that  port 
by  Perez."  And  yet,  Cook  did  not  even  sail  from  England  until  the  12th  of  July, 
1776,  nearly  two  years  after  Perez  iiad  made  this  discovery.  The  chief  object  of 
Cook's  vjyage  wastht.  di.scovery  o."  a  northwest  pa.ssage,  and  he  never  landed  at 
any  point  of  the  continent  south  ol  i\ootka  sound.  It  is  true,  that  in  coasting 
along  the  continent  t)efore  he  reached  this  place,  he  had  observed  Cape  Flattery  ; 
but  he  was  entirely  ignorant  that  this  was  the  southern  entrance  of  the  straits  of 
Fuca.  In  his  journal  he  admits  that  he  had  heard  some  account  of  the  Spanish 
voyages  of  1774  and  1775,  before  he  left  Kngland  ;  and  it  is  beyond  question  that, 
before  his  departure,  accounts  of  the  voyage  of  Quadra  had  been  published  both  in 
Madrid  and  in  London.  From  Nootka  sound  Cook  did  not  again  see  land  until 
he  reached  the  57°  of  north  latitude. 

In  17S7,  it  is  alleged  by  the  British  Plenipotentiarv,  that  Captain  Berkeley,  a 
British  subject,  discovered  the  straits  of  F^uca ;  but  these  straits  had  been  discov- 
ered by  Juan  De  Fuca  nearly  two  centuries  before.  Besides,  if  there  had  been 
any  merit  in  this  discovery  of  Captain  Berkeley,  it  would  have  belonged  to  Austria, 
in  whose  service  he  was,  and  under  whose  colors  he  sailed,  and  cannot  be  appro- 
priat':;d  by  Great  Britain.  And  here  it  is  worthy  of  remark,  that  these  discoveries 
of  Cook  and  Berkeley  in  1778  and  1787,  are  all  those  on  which  the  British  Pleni- 
potentiary relies,  previous  to  date  of  the  Nootka  sound  convention  in  October, 
1790,  to  defeat  the  ancient  Spanish  title  to  the  northwest  coast  of  America.  The 
undersigned  will  now  take  a  position  which  cannot,  in  his  opinion,  be  successfully 
assailed,  and  this  is,  that  no  discovery,  exjjloration,  or  settlement  made  by  Great 
Britain  on  the  northwest  coast  of  America,  after  the  date  of  the  Nootka  sound  con- 
vention, and  before  it  was  terminated  by  the  war  of  1796,  can  be  invoked  by  that 
power,  in  favor  of  her  own  title,  or  against  the  title  of  Spain.  Even  according  to 
the  British  construction  of  that  convention,  the  sovereignty  over  the  territory  was 
to  remain  in  abeyance  during  its  contmuance,  as  well  in  regard  to  Great  Britain  as  to 
Spain.   It  would,  there  ore  have  been  an  open  violation  of  faith  on  the  part  of  Great 


I  '  JV 


i«45 


1845 


PROVISIONAL   GOVKRNMKNT. 


19 


Britain,  after  liaviiij^  secured  the  privileges  cotifcrcd  upon  her  by  the  rotiveiition, 
to  tuni  round  aj^ainst  lier  i)arlMer  and  perform  any  acts  calculated  to  divert  vSpain 
of  her  ultimate  soverciHUt*  over  any  jwrtion  of  the  country.  The  palpable 
me3"!;i;^  of  the  convention  was;  that  durinjf  its  continuance  the  rights  of  the  re- 
spf.live  i)arties,  whatever  they  nuKht  have  been,  should  remain  just  as  they  had 
existed  at  its  ommencenient.  The  ("Tovernmeiit  of  Gnat  Britain  is  not  justly 
charj^jeable  with  any  such  breach  of  faith.  Captain  Vancouver  acted  without  in- 
structions in  attempting  to  take  possession  of  the  wliolc  northwtstern  coast  of 
America  in  the  name  of  his  sovereign.  This  oflicer,  sent  out  from  England  to 
execute  the  convention,  did  not  carry  with  him  any  authority  to  violate  it  in  this 
outrage  ais  manner.  Without  this  treaty  he  would  have  lieen  a  mere  intru<ler  ; 
under  it,  Great  Britain  had  a  right  to  make  discoveries  and  surveys,  not  thereby 
to  acquire  title,  but  merely  to  enable  her  subjects  to  select  spots  the  most  advan- 
tageous, to  use  the  lan;^'uage  of  the  convention,  'for  the  purpose  of  carrying  on 
their  commerce  with  the  natives  of  the  country,  or  of  making  settlements  there." 
If  this  construction  of  the  Xoolka  sound  convention  be  correct—  iiid  the  under- 
f  'led  does  not  see  how  it  can  be  (juestioned — then  Vancouver's  passage  through 
straits  of  Fuca  in  1792,  and  Alexander  Mackenzie's  journey  across  the  conti- 
iu  1793,  can  never  be  transformed  into  elements  uf  title  in  favor  of  Great 
Britain. 

But  even  if  the  undersigned  could  be  mistaken  in  these  positions,  it  would  be 
ea>y  to  prove  that  Cajjtain  John  Kendrick,  in  the  American  sloop  irashiiiiitou, 
passed  through  the  straits  of  Fuca  in  i7iS9  three  years  before  Captain  Vancouver 
performed  the  same  voyage.  The  very  instructions  to  the  latter,  before  he  left 
England  in  Janu  iry,  .'791,  refer  to  this  fact,  which  had  been  communicated  to  the 
British  Government  by  Lieutenant  Meares,  who  has  rendered  his  name  so  notorious 
by  its  connection  with  the  transaction  preceding  the  Nootka sound  convention.  It 
is,  moreover,  well  known  that  the  whole  southern  division  of  the  straits  had  been 
explored  by  the  Spanish  navigators  iilisa  and  Quimper — the  first  in  1790,  and  the 
hitter  in  1791.  After  what  has  been  said,  it  will  be  perceived  how  little  reason  the 
British  I'lenipotentiary  has  for  stating  that  his  Government  has,  "as  far  as  relates 
to  Vancouver's  island,  as  complete  a  case  of  discovery,  exploration  and  settlement, 
as  can  well  be  presented,  giving  to  Great  ]5ritaiu,  in  any  arrangement  that  may  be 
made  with  regard  to  the  territory  in  dispute,  the  strongest  possible  claim  to  the 
exclusive  possession  of  that  island."  The  discover}'  thus  relied  upon  is  that  of 
Nootka  sound  by  Cook  in  1778,  when  it  has  been  demonstrated  that  this  port  was 
first  discovered  by  Perez  in  1774.  The  exploration  is  that  by  Vancouver,  in  pass- 
ing through  the  straits  of  Fuca  in  1792,  and  examining  the  coasts  of  the  territory 
in  dispute,  when  De  I'uca,  himself,  had  passed  through  these  straits  in  1592,  and 
Kendrick  again  in'  1 789,  and  a  complete  examination  of  the  western  coast  had 
been  made  in  1774  and  1775,  both  by  Perez  and  (juadra. 

As  to  possession,  if  Meares  was  ever  actually  restored  to  his  possessions  at 
Nootka  sound,  whatever  those  may  have  i^-oen,  the  undersigned  has  never  seen 
any  evidence  of  the  fact.  It  is  not  to  be  found  in  the  journal  of  Vancouver,  al- 
though this  officer  was  sent  from  England  for  the  avowed  purpose  of  witnessing 
such  a  restoration.  The  undersigned  knows  not  whether  any  new  understanding 
took  place  between  the  British  and  Spanish  Govenmients  on  this  subject ;  but  one 
fact  is  placed  beyond  all  doubt,  that  the  vSpaniards  continued  in  undisturbed  pos- 
session of  Nootka  sound  until  1795,  when  they  voluntarily  abandoned  the  place. 
Great  Britain  has  never  at  any  time  since  occupied  this  or  any  other  position  on 
Vancouver's  island.     Thus,  on  the  score  of  either  discover}-,  exploration  or  pos- 


IH 


ii 


w 


t:    'J. 


220 


brown's  political  history. 


1845 


i- 


t  ' 

I 


session,  this  island  seems  to  be  the  very  last  portion  of  the  territorj-  in  dispute  in 
which  she  can  assert  a  just  claim.  In  the  meantime  the  United  States  were  pro- 
ceeding with  the  discoveries  which  served  to  complete  and  confirm  the  Spanish- 
American  title  to  the  whole  of  the  disputed  territory.  Captain  Robert  (iray  in 
June,  1789,  in  the  sloop  U'as/iingto)!,  first  explored  the  whole  eastern  coast  of 
Queen  Charlotte's  island.  In  the  autumn  of  the  same  year,  Captain  John  Ken- 
drick,  having  in  the  meantime  surrendered  the  command  of  the  Columbia  to  Cap- 
tain Gray,  sailed,  as  has  alrcad}-  been  stated,  in  the  sloop  IVas/ihifftoii,  entirely 
through  the  straits  of  Fuca.  In  1791  Captain  Gray  returned  to  the  North  Pacific 
in  ihe  Cn/utnhia,  and  in  the  summer  of  that  year  examined  many  of  the  inlets 
and  passages  between  the  54th  and  56th  degrees  of  latitude,  which  the  undersigned 
con.'iiders  it  unnecessary  to  specify.  On'  IMa}-  7,  1792,  he  discovered  and  entered 
Bullfinch's  harbor,  where  he  remained  at  anchor  three  days,  trading  with  the  In- 
dians. On  the  nth  of  May,  1792,  Captain  Gray  entered  the  tnouth  of  the  Colum- 
bia, and  completed  the  discovery  of  that  great  river.  This  river  had  been  long 
sought  in  vain  by  former  navigators.  Both  Meares  and  Vancouver,  afterexamina- 
tion,  had  denied  its  existence.  Thus  is  the  woild  indebted  to  the  enterprise,  per- 
severance, and  intelligence  of  an  American  Captain  of  a  trading  vessel  for  their 
first  knowledge  of  this,  the  greatest  river  on  the  western  coast  of  America — a  river 
whose  headsprings  How  from  the  gorges  of  the  Rocky  mountains,  and  whose 
branches  extend  from  the  42d  to  the  53d  parallels  of  latitude.  This  was  the  last 
and  most  important  discovery  on  the  coast,  and  has  perpetuated  the  name  of 
Robert  Gray.     In  all  future  time  this  great  river  will  bear  the  ruime  of  his  vessel. 

It  is  true,  that  Bruno  Heceta,  in  the  year  1775,  had  been  opposite  the  bay  of 
the  Columbia  ;  and  the  currents  and  eddies  of  the  waters,  caused  him,  as  he  re- 
marks, to  believe  that  it  was  "  the  mouth  of  some  great  river,  or  of  some  passage 
to  another  sea  ;"  and  his  opinion  seems  decidedly  to  have  been,  that  this  was  the 
opening  of  a  strait,  discovered  by  Juan  De  Fuca,  in  1592.  To  use  his  own  language: 
"Notwithstanding  the  great  difference  between  the  position  of  this  bay  and  the 
passage  mentioned  by  De  Fuca,  I  have  little  difficulty  in  conceiving  that  they  may 
be  the  same,  having  observed  equal  or  greater  differences  in  the  latitudes  of  other 
capes  and  ports  on  this  coast,  as  I  shall  show  at  its  proper  time  ;  and  in  all  cases, 
the  latitudes  thus  assigned  are  higher  than  the  real  ones." 

Heceta,  from  his  own  declaration,  had  never  entered  the  Columbia,  and  he 
was  in  doubt  whether  the  opening  was  the  mouth  of  a  river  or  an  arm  of  the  sea  ; 
and  subsequent  examinations  of  the  coast  by  other  navigators,  had  rendered  the 
opinion  universal  that  no  such  river  existed,  when  Gray  first  bore  the  American 
flag  across  its  bar,  sailed  up  its  channel  for  twenty  five  miles,  and  remaining  in  the 
river  nine  days,  trading  with  the  Indians,  The  British  Plenipotentiary  attempts 
to  depreciate  the  value  to  the  United  vStates  of  Gray's  discovery,  because  his  ship 
( the  Columbia  )  was  a  trading,  and  not  a  national  vessel.  As  he  furnishes  no 
reason  for  tliis  distinction,  the  undersigned  will  confine  himself  to  t'  ^- remark,  that 
a  merchant  vessel  bears  the  flag  of  her  country  at  mast-head,  and  continues  under 
its  jurisdiction  and  protection,  in  the  same  manner  as  though  she  had  been  com- 
missioned for  the  express  purpose  of  making  discoveries. 

Besides,  beyond  all  doubt,  this  discovery  was  made  by  Gray  ;  and  to  what  na- 
tion could  the  benefit  of  it  belong,  unless  it  be  to  the  United  States  ?  Certainly 
not  to  Great  Britain.  And  if  to  Spain,  the  Uniteil  States  are  now  her  representa- 
tive. Nor  does  the  undersigned  perceive  in  what  manner  the  value  of  this  great 
discovery  can  be  lessened  by  the  fact  that  it  was  first  published  to  the  world 
through  the  journal  of  Captain  Vancouver,  a  British  aVithority.     On  the  contrary. 


•!n-!«}  ! 


184  = 


PROVISIONAL   GOVERNMENT. 


221 


its  authenticity  Ijeiiig  thus  acknowledged  by  the  party  having  an  adverse  interest,  is 
more  firmly  established  than  if  it  had  been  first  published  in  the  United  States. 
I'rom  a  careful  examination  and  review  of  the  subject,  the  undersigned  ventures 
the  assertion,  that  to  Spain  and  the  United  States  belong  all  the  merit  of  the  dis- 
covery of  the  northwest  coast  of  America  south  of  the  Russian  line  ;  not  a  spot  of 
which,  unless  it  may  have  been  the  shores  of  some  of  the  interior  bays  aiul  inlets, 
after  the  entrance  to  them  had  been  known,  was  ever  beheld  by  British  subjects' 
until  after  it  had  been  seen  or  touched  by  a  .Spaniard  or  an  American. 

Spain  proceeded  in  this  work  of  discovery,  not  as  a  means  of  acquiring  title, 
but  for  the  purpose  of  examining  and  surveying  territory  to  which  she  believed 
she  had  an  incontestable  right.  This  title  had  been  sanctioned  for  centuries  by 
the  acknowledgment  or  acquiescence  of  all  the  European  Powers.  The  United 
States  alone  could  have  disputed  this  title,  and  that  only  to  the  extent  of  the  re- 
gion watered  by  the  Columbia.  The  Spanish  and  .\merican  titles,  now  united  by 
the  Florida  treaty,  cannot  be  justly  resisted  by  Great  Britain.  Considered  together 
they  constitute  a  perfect  title  to  the  whole  territory  in  dispute,  ever  since  the  nth 
of  May,  1792,  when  Captain  Gray  passed  the  bar  at  the  mouth  of  the  Columbia, 
which  he  had  observed  in  August,  1788. 

The  undersigned  will  now  proceed  to  show  that  this  title  of  the  United  States, 
at  least  to  the  possession  of  the  territory  at  the  mouth  of  the  Columbia,  has  been 
acknowledged  by  the  most  solemn  and  unequivocal  acts  of  the  British  Govern- 
ment. After  the  purchase  of  Louisiana  from  France,  the  government  of  the  Uni- 
ted vStates  fitted  out  an  expedition  under  Messrs.  Lewis  and  Clarke  ;  who,  in  1805, 
first  explored  the  Columbia,  from  its  source  to  its  mouth,  preparatory  to  the  occu- 
pation of  the  territory  by  the  United  States.  In  181 1,  the  settlement  at  Astoria 
was  made  by  the  .\mericans  near  the  mouth  of  the  river,  and  sev  eral  other  posts  were 
established  in  the  interior  along  its  banks.  The  war  of  181 2  between  Great  Brit- 
ain and  the  United  States  thus  found  the  latter  in  peaceable  possession  of  that 
region.  Astoria  was  captured  by  Great  Britain  during  the  war.  The  treaty  of 
peace,  concluded  at  Ghent  in  December,  1814,  provided  that  "all  territory,  places 
and  possessions  whatsoever,  taken  by  either  party  from  the  other  during  the  war," 
etc.,  "shall  be  restored  without  delay."  In  oV)edience  to  the  pv  .visions  of  this 
treaty,  Great  Britain  restored  Astoria  to  the  United  States,  and  th\;s  admitted,  in 
the  most  solemn  manner,  not  only  that  it  had  been  an  Americar,  territory  or  pos- 
session at  the  commencement  of  the  war,  but  that  it  had  been  .  .iptured  by  British 
arms  during  its  contimuince  It  is  now  too  late  to  gainsay  or  explain  away  these 
facts.  Both  the  treaty  of  Ghent,  and  the  acts  of  the  British  Government  under  it, 
disprove  the  alleg.ations  of  the  British  I'lenipotentiary  that  .Vstoria  passed  "into 
British  hands  by  the  voluntary  act  of  the  persons  in  charge  of  it,"  and  "that  it 
was  restored  to  the  United  vStates  in  r8i8  with  certain  well  authenticated  reserva- 
tions "  In  reply  to  the  first  of  these  allegations,  it  is  true  that  the  agents  of  tb** 
.\nierican  Pacific  Fur  Company,  before  the  capture  of  Astoria,  on  the  i6th  of  Oc- 
tober, 1813,  had  transferred  all  that  they  could  transfer — the  private  property  of 
the  company — to  the  (British)  Northwest  Company ;  but  it  will  scarcely  be  con- 
tended that  such  arrangement  could  impair  the  sovereign  rights  of  the  United 
Stales  to  the  territory.  .Vccordingly  the  .Vmericaii  fiag  was  still  kept  flying  over 
the  fort  until  the  ist  of  December,  1813.  when  it  was  captured  by  His  Majesty's 
sloop  of  war  Racoon^  and  the  British  flag  was  then  sulistituted.  That  it  was  not 
restored  to  the  Unitetl  States  "  with  certain  wtdl  authenticated  reservations"  fiUly 
appears  from  the  act  of  restoration  itself,  bearing  date  6th  of  October,  1818.  This 
is  as  absolute  and  unconditional  as  the  EInglish  language  can  make  it. 


I  " 


•hi 


Mir 


Hi 


t '  i 


li 


222 


BROWN  S    POLITICAL   HISTORY. 


1845 


That  this  was  according  to  the  intention  of  Lord  Castlereagh  clearly  appears 
from  his  previous  admission  to  Mr.  Rush  of  the  right  of  the  Americans  to  l)e  re- 
instated, and  to  be  the  party  in  possession  while  treating  on  the  title.  If  British 
minister?  afterwards,  in  dispatches  to  their  own  agents,  the  contents  of  which  were 
not  communicated  to  the  Government  of  the  United  ites,  thought  proper  to 
protest  against  our  title,  these  were,  in  effect  but  mere  mental  reservations,  which 
could  not  affect  the  validity  of  their  own  selemn  and  unconditional  ace  of  restora- 
tion. But  the  British  Plenipotentiary,  notwithstanding  the  American  discovery  of 
the  Columbia  by  Captain  Gray,  and  the  exploration  by  Lewis  and  Clarke  of  its 
several  branches  from  their  sources  in  the  Rocky  mountains,  as  well  as  its  main 
channel  to  the  ocean,  contends,  that  because  Thompson,  a  British  subject,  in  the 
employment  of  the  Northwest  company,  was  the  first  who  navigated  the  northern 
branch  of  that  river,  the  British  Government  therein'  acquired  certain  rights 
against  the  United  States,  the  extent  of  which  he  does  not  undertake  to  specify. 
In  other  words,  that  after  one  nation  had  discovered  and  explored  a  great  river 
and  several  tributaries,  and  made  settlements  on  its  b'  nks,  another  nation,  if  it 
could  find  a  single  branch  on  its  headwaters,  which  had  not  been  actually  ex- 
plored, might  appropriate  to  itself  this  branch,  together  with  the  adjacent  terri- 
tory. If  this  could  have  been  done,  it  would  have  produced  perpetual  strife  and 
collision  among  the  nations  -ifter  the  discovery  of  America.  It  would  have  vio- 
lated the  wise  principle  consecrated  by  the  practice  of  nations,  which  gives  the 
valley  drained  by  a  river  and  its  branches  to  the  nation  which  had  first  discovered 
and  appropriated  its  mouth.  But,  for  another  reason,  this  alleged  discovery  of 
Thompson  has  no  merit  whatever.  His  journe}-  was  undertaken  on  behalf  of  the 
Northwest  Company  for  the  mere  purpose  of  anticipating  the  United  States  in 
the  occupation  of  the  mouth  of  the  Columbia — a  territory  to  which  no  nation, 
unless  it  may  have  been  vSpain,  could,  with  any  show  of  justice,  dispute  their 
right.  They  had  acquired  it  by  discovery  and  by  exploration,  and  were  now  in 
the  act  of  taking  possession.  It  was  in  an  enterprise  undertaken  for  such  purpose 
that  -Mr.  Thompson,  in  hastening  from  Canada  to  the  mouth  of  the  Coluuiljia,  de- 
scended the  north,  arbitrarily  assumed  by  Great  Britain  to  be  the  main,  branch  of 
this  river.  The  period  was  far  too  late  to  impair  the  title  of  either  Spain  or  the 
United  States  by  any  such  proceeding.  ]\Ir.  Thompson,  on  his  return,  was  ac- 
companied by  a  party  from  Astoria,  under  Mr.  David  vStuart,  who  established  a 
post  at  the  confluence  of  the  Okanagan  with  the  north  branch  of  the  Columbia, 
about  600  miles  above  the  mouth  of  the  latter.  In  the  next  year  (181 2)  a  second 
trading  post  was  established  by  a  party  from  Astoria  on  the  Spokane,  about  650 
miles  from  the  ocean.  It  tlnis  appears  that  previous  to  the  capture  of  Astoria  by 
the  British,  the  .\mericans  had  extended  their  possessions  up  the  Columbia  650 
miles.  The  mere  intrusion  of  the  Northwest  Company  into  this  territory,  and 
the  establishment  of  two  or  three  trading  posts  in  iSii  and  i<Si2  on  the  head- 
waters of  the  river,  can  surely  not  interfere  with  or  impair  the  Sp:inish-.\nierican 
title.  What  this  company  may  have  done  in  the  intermediate  period  until  the 
20th  of  October,  1818,  the  date  of  the  first  treaty  of  joint  occupation,  is  unknown 
to  the  undersigne<l,  from  the  impenetrable  mystery  in  which  thev  have  veiled 
their  proceedings.  After  the  date  of  this  treaty  neither  Great  Britain  nor  the 
United  States  could  have  performed  any  act  affecting  their  claims  to  the  disputed 
territory. 

To  sum  up  the  whole,  then,  Great  Britain  cannot  rest  her  claims  to  the  north- 
west coast  of  .\merica  upon  discovery.  As  little  will  her  single  claim  by  settle- 
ment at  Nootka  sound  avail  her.     Even  Belsham,  her  own  historian,  forty  years 


■r-'Ti 


184  = 


PROVISIONAL   GOVERNiMENT, 


223 


ago,  declared  it  to  be  certain,  from  the  most  authentic  information,  "that  the 
Spanish  flag  flying  at  Nootka  was  never  struck,  and  that  the  territory  has  been 
virtually  relinquished  by  Great  Britain."  The  agentsof  the  Northwest  Companj-, 
penetrating  the  continent  from  Canada  in  1806,  established  their  first  trading 
post  west  of  the  Rocky  mountains  at  I'razer's  lake,  in  the  54th  degree  of  latitude;  and 
this,  with  the  trading  posts  established  liy  Thompson — to  which  the  undersigned 
has  just  adverted — and,  possiljly,  some  others  afterwards,  previous  to  Octol)er, 
1818,  constitutes  the  claim  of  Oreat  Britain  by  actual  settlement.  Upon  the  whole, 
from  the  most  careful  and  ample  examination  which  the  undersigned  has  been 
able  to  bestow  upon  the  subject,  he  is  satisfied  that  the  vSpanish-American  title, 
now  held  by  the  United  States,  embracing  the  whole  territory,  between  the  parallels 
of  42°  and  54°  40',  is  the  best  title  in  existence  to  this  entire  region  ;  and  that  the 
claim  of  Great  Britain  to  any  portion  of  it  has  no  sufficient  foundation.  Even 
British  geographers  have  not  doubted  our  title  to  the  territory  in  dispute.  There 
is  a  large  and  splendid  globe  now  in  the  department  of  state,  recently  received 
•"rom  London,  and  published  by  ^lattley  6c  Co.,  "manufacturers  and  publishers  to 
the  Society  for  the  Diffusion  of  Useful  Knowledge,"  which  assigns  this  territory 
to  the  United  States. 

Notwithstanding  such  was,  and  still  is,  the  opinion  of  the  President,  yet  in 
the  spirit  of  compromise  and  concession,  and  in  deference  to  the  action  of  his 
predecessors,  the  undersigned,  in  obedience  to  his  instructions,  propo.sed  to  the 
British  Plenipotentiary  to  settle  the  controversy  by  dividing  the  territory  in  dis- 
pute by  the  49t]i  parallel  of  latitude,  offering  at  the  same  '  le  to  make  free  to 
Great  Britain  atn-  port  or  ports  on  Vancouver's  island  south  ■-:  this  latitude,  which 
the  British  Government  might  desire.  The  British  Plenipotentiary  has  ronectly 
suggested  that  the  free  navigation  of  the  Columbia  river  was  not  embrat  t  I  in  this 
proposal  to  Great  Britain ;  but,  on  the  other  hand,  the  use  of  free  ports  on  the 
southern  extremity  of  this  island  had  not  been  included  in  the  former  oifers. 
Such  a  proposition  as  that  which  has  been  made,  never  would  have  been  author- 
ized by  the  President  had  this  been  a  new  question.  Upon  his  accession  to  otfice 
he  found  the  present  negotiation  pending.  It  had  been  instituted  in  the  spirit  and 
upon  the  principle  of  compromise.  Its  object,  as  avowetl  l)y  the  negotiators,  was 
not  to  demand  the  whole  territory  in  dispute  for  either  country;  but,  in  the  lan- 
guage of  the  first  protocol,  "  to  treat  of  the  respective  claims  of  the  tvv'o  countries 
to  tlie  Oregon  territory,  with  the  view  to  establish  a  permanent  bounilary  between 
them  westward  of  the  Rocky  mountains  to  the  Pacific  ocean."  Placed  in  this  po- 
sition, and  considering  that  Presidents  Monroe  and  Adams  had  on  former  occasions 
offered  to  divide  the  territory  in  dispute  by  the  49tli  parallel  of  latitude,  he  felt  it 
to  be  his  duty  not  abruptly  to  arrest  the  negotiations,  but  so  far  to  yield  his  own 
opinion  as  once  more  to  make  a  similar  offer.  Not  only  respect  for  the  conduct 
of  his  predecessors,  but  a  sincere  and  anxious  desire  to  promote  peace  and  har- 
mony between  the  two  countries,  influenced  him  to  pursue  this  course.  The  Ore- 
gon cjuestion  presents  the  only  intervening  cloud  which  intercepts  the  prospect  of 
a  long  career  of  mutual  friendship  and  beneficial  commerce  between  the  two 
nations,  aiul  this  cloud  he  desired  to  remove.  These  are  the  reasons  which  actu- 
ated the  President  to  offer  a  proposition  so  liberal  to  Great  Britain.  And  how  has 
this  proposition  been  received  by  the  British  Plenipotentiary?  It  has  been  re- 
jected without  even  a  reference  to  his  own  Government.  Nay,  more,  the  British 
Plenipotentiary,  to  use  his  own  language,  "  trusts  that  the  American  Plenipoten- 
tiary will  be  prepared  to  offer  some  further  proposal  for  the  settlement  of  the 
Oregon  question,  more  consistent  with  fairness  and  equity,  and  with  the  reason- 
able expectations  of  the  British  Government." 


'    .1 


I  w 


ill 


-  ( 

! 


l[ 


224 


BRr    'n's  political  history. 


1845 


Under  such  circumstances,  the  undersigned  is  instructed  by  the  President  to 
saythat  he  owes  it  to  his  own  country,  and  a  just  appreciation  of  her  title  to  the 
Oregon  territory,  to  withdraw  the  proposition  to  the  British  Government  which 
had  been  made  under  his  direction,  and  it  is  hereby  accordingly  withdrawn. 

In  taking  this  necessary  step,  the  President  still  cherishes  the  hope  that  this 
long-pending  controversy  may  yet  be  finally  adjusted  in  such  a  manner  as  not  to 
disturb  the  peace  or  interrupt  the  harmony  now  so  happily  subsisting  between  the 
two  nations. 

The  undersigned  avails  himself,  etc., 

J.\MRS  BUCHAN.\N. 

The  Right  Honoraklk  R.  Pakknham. 


!  ; 


V; 


This  last  letter  of  Mr.  Buchanan  suspended  all  negotiations  until 
June  10,  1846,  when  President  Polk  sent  to  congress  a  confidential 
message,  asking  authority  to  give  England  the  twelve  months'  notice 
that  was  required  by  the  existing  treaty.  The  subject  will  be  fully 
'created  in  the  next  chapter  (1846)  as  it  came  up  for  final  settlement  at 
that  time. 


m 


s    i 


i'M 


1845 


PROVISIONAL   GOVERNMENT. 


225 


General  Election  Returns,  June  3,  1845. 


Candidates. 


For  Governor — 

George  Aberiiethy 

Osbuni  Russell 

Win.  J.   Bailey 

A.  Lawrence  Lovejoy  _ - 

Total  vote  cast 

Aheniethy's  majority 

For  Secretary  of  Territory — 

John  K.  lyong 

Noyes  Smith 

For  Treasurer — 

Phil.  Foster 

F.  F^rmatinger 

For  Judge — 

J.  W.  Nesmith 

For  District  Attorney — 

Marcus  Ford 

For  Assessor — 

S.  W.  Moss 

Jacob  Reed 

For  Sheriff— 

Joseph  I/.  iSIeek 

A.J.  Hembree 

For  Legislative  Representatives- 

H.  A.J.  Lee 

Hiram  Straight 

W.  H.Gray  - 

C.  Pickett  

N.  Ford  

J.  M.  Garrison 

M.  G.  Foisy    

Joseph  Gervais 

I'arton   Lee--    

W.  H.  Willson 

Rol)ert  Newell 

A.  Chamberlain 

F.  X.  Mathieu  

Jesse  .'\pplegate 

A.  Ilendrick 

Smith       

Rich;irdson ._. 

Clark  '--..   --. 

-W.  McCarver  

Lenox 

Hill -_. 

S:itton 

W.  Dawson 

Jos.  Gale       

J.  W.  Smith    

C.  M.  Walker 

John  McChire 

George  Simmons 


S. 

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R. 

M. 

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22 

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59 
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54 

6 

5 
123 

4 

70 

47 

49 
5^> 

115 

78 

39 
48 

77 
43 


51 
47 
60 

9 
167 


117 
53 

47 
118 


128 

131 
68 
90 
49 

79 
74 
14 


51     I 
39     ! 

53  ' 
28  I 
22  i 
43  i 
51 
47 


22 


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23 
21 

6 
12 

T 
12 


166 

17 

168 

ID 

119 

48 

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III 
54 

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15 

51 

7 

7 

12 

77 
39 

25 
35 

38 
20 

64 

53 

5 
56 

15 
61 


II 

ID 


38 

34 
31 

29 

10 


228 
130 

75 

71 
504 

66 

283 
195 

197 
251 

473 
409 

216 
204 

267 
215 

99 
82 

54 

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23 

128 

T31 

68 
90 
49 
79 
74 
14 
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226 


BROWN  S    POLITICAL   HISTORY. 


1845 


Census  Returns  in  Oregon  in  1845. 


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SffP 

•III 


^ 

^ 

-I 

p 

p 

Under  12 

12  and 
under 

18  ! 

md 
Icr 

45 

md 

Whole 

0 
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0 

W 

years 

un 

-h 

of  age. 

over. 

Nun 

ber 

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rt 
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18  years. 

45  years. 

0 

0 

s 

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County. 

a 

n 

a 

3 

P 

2 

ft* 

3 

2 

r. 

a 

9 

►d 

W) 

pj 

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'Ji 

1— • 

en 

p 

Ui 

p 

ft 

_. 

rt 

rt 

n 

rt 

re 

S5 

1 

1 

1 

1 

1 
1 

1 
1 

tr. 

I 

1 

1 

J 

tB 

Clackamas 

18 

57 

69 

54 

12 

15 

136 

53 

15 

7 

232 

129 

361 

Chanipuic 

24 

»5 

142 

136 

45 

37 

171 

114 

42 

18 

4ot) 

305 

705 

Clatsop  .   - 

17 
14 

29 
127 

14 
"5 

18 

I 

3 
24 

42 
142 

H 

4 

26 

I 

6i 

30 
229 

91 

540 

Tualatin - 

109 

28 

90 

6 

311 

Yamhill      .-- 

16 

109 

79 

fe5 

31 

24 

124 

57 

23 

9 

257 

155 

412 

Total - 

89 

407 

4i9i  382 

117 

103 

615 

322 

no 

41 

1261 

848 

2109 

Note,  a  bill  was  passed  by  the  Legislative  Committee,  December  24,  1844 
submitting  the  question  of  "Convention,"  or  "  No  convention"  to  frame  a  consti- 
tution at  the  election  of  June  3,  1845,  as  recommended  by  the  Executive  Commit- 
tee in  their  message.  The  vote  was — "  Convention,"  190  ;  "  No  convention,"  283  ; 
majority  against  convention,  93. 

The  question  of  "Old  Organic  Law,"  or  "Amended  Organic  Law"  was  sub- 
mitted to  the  people  for  ratification  or  rejection,  on  July  25,  1845,  with  the  follow- 
ing result:     Old  organic  law,  22  ;  amended  law,  255  ; — majority  for,  233. 

Treasurer'' s  Report. 

Dr.  Cr. 

By  ferry  license $  f    40  00 

By  fines  to  Government 52  78 

By  ad  valorem  tax 354  41 

To  stationery 30  00 

To  sundries 302  93 

To  A.  Lawrence  Lovejoy,  administrator  on  Ewing  Young's  estate    300  00 

To  jail  fund  (Dawson  &  Otey)  contractors --     291  66 

By  order  on  Abernethy 300  o<j 

To  jail  fund  (Dawson  &  Otey) 145  83 

To  H.  Euuberg  draft  of  jail  on  Ermatinger 12  00 

By  order  on  Ermatinger -- 300  00 

To  Dawson  &  Otey 291  66 

"     45  «8 

$1419  96  1047   19 

Balance  in  treasury $  196  62 

PHILLIP  FOSTER. 
June  9,  1845.  Treasurer, 


Thrt 


o 


o 


§ 


29 

361 

>5 

705 

30 

91 

29 

540 

55 

412 

48 

2109 

Cr. 

40  00 

52  78 

354  41 


300  CX) 


1845  PROVISIONAL,  GOVERNMENT.  227 

Treasurer's  Report.  Dr.  Cr. 

Amount  of  funds  in  treasury 1  ,*i  441  00 

Received  of  A.  L,.  Lovejoy  adinint'r  Young's  estate 2000  00 

Treasury  scrip  issued,  not  yet  taken  up _. iioo  00 

Legislature  and  clerks  for  which  no  scrip  issued 500  00    3600  00 

From  the  above,  your  honorable  body  will  see  that  the  responsi- 
bilities of  the  Government  are 3600  00 

Deduct  funds  in  hand 44100 

And  there  will  remain  a  balance  of .- I3159  00 

FRANCIS  ERMATINGER, 
Oregon  City,  Aug.  12,  1845.  Treasurer. 

Th'easurer's  Report.  Dr. 

To  the  estate  of  Ewing  Young 12315  00 

To  scrip  issued  and  unpaid 500  00 

To  F.  Ermatinger,  merchandise 40000 

To  legislature  (supposing  the  session  to  continue  20  days) 560  00 

To  salaries  of  governor,  judges  and  clerks 900  00 

Total 14675  00 

F.  ERMATINGER, 
Oregon  City,  Dec.  10,  1S45.  Treasurer. 

Sheriff's   Report  for  /S^s- 

Joseph  L.  Meek,  sheriff  and  tax  collector  for  the  Provisional   Government, 

submitted  the   following  report  and  bill  to  the  Legislative   Committee  of  1845, 

for  tax  collected  as  levied  in  1S44,  and  his  bill  for  services  rendered  in  the  year 

1845. 

TAX    COrXECTED. 

The  amount  collected  in  the  upper  country $396  77 

"  "  "     Clatsop  county 11  39 

Total 1408  16 

Deduct  per  cent,  allowed  for  collecting 40  81 

Balance . $367  35 

Amount  paid  to  treasurer -I356  77 

"        in  my  hands — - 1058 

Total -— $367  35 

Amount  still  unpaid  m  upper  country 7041 

"        "  "        Clatsop  county 257 

Total $  72  98 

Three  orders  of  no  value  for  taxes 3  37 

provisionai.  government. 

Taking  census  in  1S44, — 2107  persons  at  I5.00  per  hundred $105  35 

Attending  circuit  court 100  53 

Total ^^205  88 

JOSEPH  L.  MEEK, 
[No  date.]  SAertff. 


?n"^T«i 


iiliiii; 


.^1 


•i    I 


■  *  i 


iii' 


1846. 


Members  of  L,egisi.ature  ;  Gov.  Abernthy's  Message;  Veto  of  I^ioiok 
Law;  Memorial  to  Congress  ;  Military  Company  ;  Battle  Crici.k 
Battle  ;  Lieut.  Howison's  Report  and  Wreck  of  the  Shark  ;  Assist- 
ance RENDERED — Correspondence  of  same  ;  His  report  on  the  Coun- 
try, People,  resources,  etc.;  Ogden  and  Douglas  Letter;  Puget 
Sound  Agricultural  Society  ;  Congressional — Floyd's  Repc)RT  ; 
Blair's  Report  on  the  Columbia  River  ;  Maginn's  Opinion  ;  Presi- 
dent's Special  Message  ;  Senate  Proceedings  on  the  Ratification 
OF  THE  Treaty  ;  Provisional  Government  Seal  ;  Douglas's  Letter  on 
THE  Treaty  ;  Notes  ;  Election  Returns  and  Offici.\l  Reports. 


I; 


I     ■ 

I  { 


THE  year  1846,  was  the  most  prcsperous  the  settlements  had  yet 
known.     The  harvest  of  the  previons  year  having  been  abundant 
the  people  were  enjoying  peace  and  prosperity. 

The  election  for  members  of  the  legislature  and  for  county  officers,  oc- 
curred on  Monday,  June  4th.  The  legislature  met  at  Oregon  City,  Dec. 
I,  1846,  in  second  annual  session,  with  the  following  members  : 

Clncknmas  county — Hiram  Straight,  A.  L.  Lovejoy,  William  G. 
T' Vault  ;  Chatnpoic — Angus  M' Donald,  A.  Chamberlain,  Robert 
Newell,  Jesse  Looney  ;  Clatsop — George  Simmons  ;  Tuality — Joseph 
L.  Meek,  D.  H.  Lownsdale,  Lawrence  Hall  ;  Polk — ^J.  E.  Williams, 
John  D.  Boon  ;  Yamhill — Thomas  Jeffreys,  Absalom  J.  Hembree  ;  \'an- 
couvcr — Henry  M.  Peers  ;  Lewis — Win.  T.  Tolmie. 

The  legislature  organized  by  electing  A.  E.  Eovejoy,  Speaker  ;  N. 
Huber,  Chief  Clerk  ;  H.  M.  Knighton,  Sergeant-at-arms. 

The  Governor  immediately  sent  the  following  message  which  is  in- 
serted in  full  as  it  contains  matter,  interesting  as  well  as  hi.storically 
valuable  : 
To  the  Honorable  the  Lej::^islative  Assembly  of  Oregon  : — 

Fellow  Citi/jcns.— The  duly  of  addressinj^  you  al  the  opening  of  your  ses- 
sion once  more  presents  itself.  The  duty  of  legislating  for  the  welfare  and  hapi)i- 
ness  of  the  couinmnity,  again  devolves  upon  you.  May  we  be  guided  and  directed 
by  that  Wisdom  that  never  errs. 

The  l)oi.ndary  question — a  question  of  great  importance  to  us  as  a  people,  there 
is  every  reason  to  believe,  is  finally  settled.     The  following  is  an  extract  from  the 


It  w 


'    }\ 


t\ 


1846 


PROVISIONAL   GOVERNMENT. 


229 


Polynesian,  a  paper  published  at  the  Sandwich  Islands,  of  the  29th  of  August  last : 
"  The  Senate  ratified  the  treaty  upon  the  Oregon  question,  by  a  vote  of  41  to  14 — 
27  majority. 

This  the  Polyticsiati  credits  to  the  Nezu  Yotk  Gazette  and  Times,  of  June  19, 
— showing  that  a  treaty  had  been  entered  into  and  probably  concluded  between 
the  two  Governnieiits.  The  provisions  of  the  treaty  are  not  yet  known  to  us  in 
Oregon,  further  than  what  we  gather  from  the  letter  of  Sir  George  Seymour,  the 
British  Commander-in-chief  in  the  I'acific,  to  the  agent  of  the  Hudson's  Bay  Com- 
pany at  the  Sandwich  Islands — being  an  "  extract  of  a  private  letter  from  A. 
Forbes.  Esq.,  consul  at  Tepic,  to  vSir  George  Seymour."  "  I  send  you  an  American 
newspaper,  which  Mr.  Bankhead  has  requested  to  be  forwarded  to  you,  and  which 
shows  that  the  Oregon  question  is  entirel}-  settled — the  49th  degree  is  to  run  on  to  the 
Straits  of  Fuca,  the  whole  island  of  Vancouver  being  left  in  possession  of  England, 
and  the  said  Straits  of  Euca,  Puget's  Sound,  etc. ,  remaining  free  to  both  parties. 
The  Columbia  river  is  also  free  to  both  parties  until  the  expiration  of  the  charter 
of  the  Hudson's  Bay  Company — when  the  whole  to  the  south  of  the  49th  degree  is 
to  belong  to  America,  with  the  exceptions  mentioned." 

Should  this  information  prove  correct,  wc  may  shortly  expect  officers  from  the 
United  States'  Government  to  take  formal  possession  of  Oregon,  and  extend  over 
us  the  protection  we  have  long  and  anxiously  looked  for. 

The  notice  that  the  joint  occupation  of  Oregon  would  cease  after  twelve 
months,  was  given  by  the  President  of  the  United  States  to  the  Government  of 
Great  Britain.  The  President  in  his  message  of  1845,  before  the  notice  wac-  given, 
speaking  of  Oregon,  says:  "  It  will  become  proper  for  Congress  to  determine 
what  legislation  they  can  in  the  meantime  adopt,  without  violating  the  conve'itiori. 
Beyond  all  question,  the  protection  of  our  laws,  and  our  jurisdiction,  civ.l  and 
criminal,  ought  to  be  immediately  extended  over  our  citizens  in  Oregon."  As  yet 
we  have  not  been  made  acquainted  with  any  action  of  Congress  that  would  extend 
the  jurisdiction  of  the  United  States  over  us;  but  from  the  feeling  that  prevailed 
in  Congress  with  regard  to  this  country,  and  the  sentiment  set  forth  by  the  Presi- 
dent, previously  to  the  notice  having  been  given,  there  can  be  no  doubt  but  that 
now— the  notice  having  been  given — the  boundary  line  in  all  probability  finally 
settled,  we  shall  in  a  few  months  at  farthest,  be  again  living  under,  and  enjoying 
the  protection  of  the  stripes  and  stars  of  our  loved  country,  and  erelong  we  may 
reasonably  hope,  be  added  to  the  brilliant  constellation. 

In  view  of  the  above,  and  as  the  preamble  of  )ur  Organic  law  sets  forth  the 
fact,  that  we  agree  to  adopt  the  laws  and  regulations  of  our  Provisional  Government, 
"  until  such  time  as  the  United  States  of  America  extend  their  jurisdiction  over  us," 
and  as  that  time  probably  is  near  at  hand,  it  remains  with  you  to  determine  whether 
it  will  be  better,  after  confirming  tlic  appointments,  filling  vacancies,  making  the 
necessary  appropriations  and  attendiig  to  the  unavoidable  business  of  the  session, 
to  adjourn,  either  to  meet  in  the  spring,  at  which  time  we  will  undoubtedly  have 
all  the  proceedings  of  Congress  relative  to  this  country,  passed  at  the  last  session, 
or  at  the  call  of  the  Executive,  should  he  be  put  in  possession  of  the  intention  of 
the  U.  S.  Government  respecting  us,  or  whether  you  will  go  on  with  the  regular 
business  of  the  session  as  if  nothing  was  done  for  us,  or  expected  by  us.  In  the 
latter  case,  there  are  laws  that  need  revising,  and  some  laws  that  are  very  neces- 
sary for  the  welfare  of  the  territory  that  should  be  passed. 

The  law  establishing  the  postofiice  department  needs  altering  very  materially. 
It  was  found  after  being  in  operation  but  a  short  time,  that  the  rates  of  postage 


■ifl 


1:1 


[fr 


II 


,'h 


230 


brown's  political  history. 


1846 


were  altoj^ether  too  high,  amounting  indeed,  to  a  prohibition  ;  the  revenue  arose 
ahnost  entirely  from  the  postage  on  newspapers,  but  fell  so  far  short  of  the  ex- 
penses, that  the  Postmaster  General,  at  the  close  of  the  third  quarter  stopped  send- 
ing the  mail.  I  would  recommend  that  the  rates  of  postage  be  reduced  to  five  cents 
on  each  letter ;  double  letters  and  packages  in  proportion,  and  one  cent  on 
each  newspaper.  A  mail  route  should  be  kept  up  between  the  principal  sections 
of  our  territory,  and  I  have  no  doubt,  if  the  postage  is  reduced,  the  revenue  arising 
from  the  receipts  of  the  olTice,  would  very  'learly  or  quite  pay  the  expenses. 

The  act  passed  at  the  last  session  ol  the  legislature,  entitled  "  An  Act  to  Pre- 
vent the  Introduction,  vSale  and  Distillation  of  Ardent  Spirits  in  Oregon,"  is  one 
that  I  should  recommend  for  revision  ;  there  are  several  points  in  which  it  is 
thought  to  be  defective.  The  Organic  law  provides  that  the  legislature  shall  have 
power  to  "pass  laws  to  regulate  the  introduction,  manufanure,  or  sale  of  ardent 
spirits."  It  is  held  that  the  power  to  prohibit  the  introduction,  manufacture  or 
sale  is  not  granted  by  the  Organic  law.  Another  objection  is,  that  the  fine  collect- 
ed under  this  act,  shall  go  one-half  to  the  informant  and  witnesses,  the  other  half 
to  the  officers  engaged  in  arresting  and  trying — in  fact,  making  the  witnesses  and 
judges  interested  in  the  case.  The  fourth  section  of  the  act  makes  it  the  duty  of 
any  officer  or  an^-  private  citizen  to  act,  whenever  it  shall  come  to  their  knowledge 
that  any  kind  of  spirituous  liquors  are  being  distilled,  or  manufactured  in  Oregon. 
It  would  be  much  better  if  it  were  made  the  duty  of  the  sheriff  of  each  county  to 
act  whenever  he  should  be  informed  that  liquor  was  being  made  or  sold  in  his 
county,  and  authorize  him  to  raise  a  sufficient  force  to  aid  and  assist  him  in  en- 
forcing the  law.  We  have  as  a  community  taken  a  high  stand  in  the  cause  of  tem- 
perance ;  among  our  earliest  efforts  may  be  found  the  abolishing  of  ardent  spirits 
from  our  land  ;  and  to  this  in  a  great  measure,  may  be  attributed  our  peace  and 
prosperity.  No  new  country  can  be  pointed  out  where  so  much  harmony  prevailed 
in  its  first  settlement,  as  in  this.  Laws,  we  had  none  ;  yet  all  things  went  on  quietly 
and  prosperously.  I  have  no  doubt  if  the  sale  of  ardent  spirits  is  kept  within  its 
proper  limits  we  shall  continue  to  prosper. 

It  is  said  by  some  that  we  have  no  right  to  say  what  a  man  shall  make,  or 
what  he  shall  not  make.  Yet  we  find  in  all  large  cities,  that  certain  manufactures 
are  forbidden  to  be  carried  on  within  the  limits  of  the  city,  because  they  annoy  the 
inhabitants,  and  hence  are  declared  to  be  public  nuisances,  and  by  law  are  com- 
pelled to  be  removed  ;  and  if  the  city  nicreascs  and  extends  to  the  place  where  they 
have  retreated,  they  are  removed  again.  Intoxicating  drink  is  an  enormous  pub- 
lic injury  and  private  wrong  ;  its  effects  ine^ery  way,  shape  and  form,  are  evil,  and 
therefore  should  be  restrained  within  proper  limits  by  law.  It  deprives  the  wife 
and  children  of  the  inebriate  of  the  support  and  protection  they  have  a  right  to  ex- 
pect of  him.  It  deprives  the  community  of  the  labor  which  constitutes  the  nation's 
wealth  ;  for  it  is  a  well  known  fact,  that  the  wealth  of  nations  is  made  up  of  indi- 
vidual labor,  and  every  day  thereof  lost  by  the  effects  of  alcoholic  dunk,  is  loss  to 
the  community  at  large.  Persons  "ho  had  become  habitually  addicted  to  the  use 
of  ardent  spirits,  hearing  that  we  had  excluded  the  poison  from  our  land,  and  be- 
lii^ving  they  never  wouhl  get  free  if  they  remained  near  its  influence,  have  left 
their  homes  and  crossed  the  Rocky  mountains  to  escape  the  ruin  that  threatened 
them.  vShall  they  be  disappointed  ?  During  the  past  year,  persons  taking  advant- 
age of  the  defect  in  our  law,  have  manufactured  and  sold  ardent  spirits.  We  have 
seen  the  effects  ( altliough  the  manufacture  was  on  a  small  scale)  in  the  mid- 
night carousals  among  the  Indians  in  our  neighborhood  during  their  fishing  sea- 
son, and  while  they  had  property  to  dispose  of,  and  me  let  ask  what  would  be  the 


'M1*IH|l 


1846 


PROVISIONAL   GOVB;RNMr-:NT. 


231 


consequences,  if  the  use  of  it  should  be  general  in  the  country  and  among  the  differ- 
ent tribes  of  Iin''i  is  in  the  territory. 

History  may  hereafter,  write  the  page  in  letters  of  blood — and  what  are  the 
consequences  as  presented  to  us  in  the  history  of  older  countries,  of  an  indiscrim- 
inate use  of  ardent  spirits?  Almshouses,  hospitals,  prisons,  and  the  gallows.  I 
would  therefore  recommend  that  one  person,  and  that  person  a  physician,  be  ap- 
pointed and  authorized  to  import  or  manufacture  a  suflicicnt  ([uantity  to  supply 
the  wants  of  the  community  for  medicinal  i)urposcs  ;  to  dispose  of  no  liquor  except 
when  he  knows  it  is  necessary,  or  oi;  an  order  from  a  regular  physician,  stating 
that  the  person  applying  stands  in  neeci  of  it  for  medicinal  purposes  ;  and  to  physi- 
cians to  be  used  in  their  practice.  The  person  so  cmjjowercd  to  import,  manufact- 
ure and  sell,  to  keep  a  record  of  the  (juantity  manufactured  or  imported.  Also  a 
record  of  the  quantity  sold  or  disposed  of,  and  to  whom,  and  the  name  of  the  phy- 
sician on  whose  certificate  given.  This  would  be  attended  with  but  little  trouble, 
and  might  be  required  to  be  given  under  oath.  Many  articles  require  alcohol  to 
dissolve  them — this  could  be  done  by  taking  the  article  to  the  person  appointed, 
and  having  the  alcohol  put  on  the  ingedient  in  his  presence. 

Section  fifth  of  the  law,  I  would  recommend  to  be  altered  so  that  the  fines  and 
penalties  shall  go  one-half  to  the  informer,  and  the  other  half  into  the  treasury.  I 
would  recommend  that  the  penalties  for  manufacturing  be  increased.  If  the  in- 
discriminate sale  of  liquor  be  admitted  as  an  evil,  no  good  citizen  can  wisli  to  be 
engaged  in  it.  I  have  said  more  on  this  subject  than  I  shouUl  have  done,  did  I 
not  fear  an  attempt  would  be  made  to  break  down  the  barrier  raised  by  the  early 
settlers  of  the  land. 

There  will  be  several  proposals  laid  before  you  in  regard  to  locating  the  seat 
of  Government,  but  under  the  present  aspect  of  affairs  I  think  it  best  to  postpone 
the  subject  for  the  present. 

A  subject  of  great  importance  to  us  as  a  people  presents  itself  in  our  com- 
mercial regulations.  That  this  will  be  a  commercial  nation  there  can  be  no  doubt 
in  the  mind  of  any  person  acquainted  with  our  location;  it  is  therefore  our  duty  to 
commence  preparing  the  way  for  shipping  to  enter  our  harbors.  The  first  requisite 
for  the  mouth  of  the  Columbia  river  is  a  good  pilot  or  pilots.  Many  ships  em- 
ployed in  the  whale  fishery  would  no  doubt  enter  our  river  and  remain  with  us 
during  the  winter,  if  they  were  sure  of  obtaining  a  good  pilot  to  bring  them  in 
safelj'  over  the  bar,  and  conduct  them  out  when  ready  for  sea.  Vessels  can,  with- 
out doubt,  enter  and  depart  from  the  mouth  of  the  Columbia  river,  witli  as  much 
safety  as  they  can  in  the  majority  of  sea  ports  in  the  United  States.  It  needs  only 
a  careful  pilot,  well  acquanited  with  the  currents,  landmarks  and  shoals,  to  make 
it  perfectly  safe  for  vessels  to  enter  our  port.  I  therefore  recommend  that  a 
branch  l)e  established  at  th«  mcuth  of  the  Columbia  river,  and  that  a  board  of 
commissioners  be  appointed,  whose  duty  it  shall  be  to  examine  all  persons  apply- 
ing for  license  to  act  ,is  pilcLs,  as  to  their  capability  so  to  act.  Connected  with 
this  is  the  means  to  prevent  seamen  from  deserting.  If  seamen  are  at  liberty  to 
leave  their  vessels  and  secrete  themselves  among  the  inhabitants,  or  be  provided 
for  and  protected  by  them,  until  their  vessels  leave,  we  can  never  hope  to  see  our 
ports  frequented  by  vessels  for  the  purpose  of  refitting  and  obtaining  supplies.  I 
would  therefore  recommend  that  a  heav  penalty  be  imposed  on  any  person  who 
shall  entice  a  seaman  to  leave  his  ship,  or  who  shall  harbor,  secrete,  employ  or  in 
any  wise  assist  a  deserter.  This  may  appear  severe,  but  when,  on  reflection,  we 
consider  that  these  men  voluntarily  entered  into  a  contract  to  perform  certain 
duties,  and  that  the  safety  of  the  vessel  they  belong  to,  and  the  lives  and  property 


■  1     :\ 


i,! 


i  ]  i 


!in 


1 


232 


UROWN  S    I'OL,ITICAL   HISTORY 


1846 


on  luKinl  (IcpL-nd  upon  their  faitlifully  fullilliny  Ihtir  contriicts,  the  si'vurity  van- 
ishes at  once.  We  should  consider  that  a  vessel  lightly  manned,  which  must  he 
the  case  if  a  part  of  the  ship's  crew  desert,  as  there  are  no  seamen  here  to  supply 
their  places,  runs  a  great  risk  in  working  out  of  our  harbor  ;  a  risk  that  ship  iiuis- 
ters  aud  ship  owners  will  not  he  likely  to  run.  Unless  regulations  can  he  made 
that  will  pri'vent  desertion,  vessels  will  avoiil  our  ports,  and  without  vessels  the 
produce  of  the  farmer  must  remain  on  his  hands,  and  in  this  way  work  an  injury 
all  round,  and  oiu?  thf.t  will  he  felt  by  all  classes  in  the  community. 

Our  courts,  as  at  present  r<'gulated,  have  not  answered  the  expectations  of  the 
framers  of  the  law,  hut  as  the  jurisdiction  of  our  courts  will  soon  cease,  it  will 
probably  not  he  worth  while  to  enter  into  any  new  arrangement. 

I  regret  being  compelled  to  inform  you  that  the  jail  erected  in  Oregon  City, 
and  the  property  of  the  territory,  was  destroyed  by  lire  on  the  night  of  the  iSth 
of  August  last,  the  work,  no  doubt  of  an  incendiary.  A  reward  of  f  100  was  im- 
mediately offered,  hut  as  yet  the  offender  has  not  been  discovered.  vShould  you 
think  best  to  erect  another  jail,  I  would  suggest  the  propriety  of  building  it  of 
large  stones  clamped  together.  We  have  but  little  use  for  a  jail,  and  a  small 
building  will  answer  all  purposes  for  many  years,  1  have  no  doubt,  if  we  should 
be  successful  in  keeping  ardent  spirits  out  of  the  territory. 

There  is  one  subject  which  I  would  lay  before  you  in  reference  to  the  Indian 
population,  and  that  is  the  extent  the  law  intends  to  allow  them  in  their  villages. 
Complaints  are  made  by  the  Indians  that  they  are  encroached  on  by  the  whites. 
Cannot  some  way  be  devised,  by  which  their  villages  can  be  surveye  and  stakes 
set,  inside  of  which  boundary  the  whites  may  not  be  permitted  to  enter  and  build? 
The  Indians  inhabited  these  villages  previous  to  our  arrival  and  should  be  pro- 
tected by  us.  The  time,  no  doubt,  is  near  at  hand,  when  the  agent  of  the  United 
States  Government  will  be  here,  and  these  matters  will  be  arranged  by  him,  but 
until  he  arrives,  I  deem  it  necLSsary  that  some  provision  be  made  by  you  as  it 
may  save  trouble  and  difficulty. 

Another  emigration  has  crossed  the  Rocky  mountains,  and  most  of  the  party 
has  arrived  in  the  settlements.  Al)OUt  152  wagons  reached  this  place  very  early 
in  the  season,  via  Mr.  Harlow's  road,  for  which  a  charter  was  granted  him  at  your 
last  session.  About  100  wagons  are  on  their  way,  if  they  have  not  already  arrived  in 
the  upper  settlements  by  a  southirn  route.  They  have  no  doubt  been  detained 
by  traveling  a  new  route,  the  difficulties  attending  the  opening  of  a  wagon 
road  are  very  great,  and  probably  will  account  in  some  measure  for  their 
detention.  The  emigration  falls  far  short  of  last  year's,  probably  not  numbering 
over  one  thousand  souls.  This  is  accounted  for  by  a  great  part  of  the  emigra- 
tion turning  off  to  California.  We  trust  that  those  who  have  come  among  us,  may 
have  no  cause  to  regret  the  decision  that  brought  them  to  Oregon. 

I  would  call  your  attention  to  the  subject  of  education.  Without  education 
no  country  can  be  prosperous,  it  therefore  becomes  the  duty  of  the  legislature  to 
provide  liberally  for  the  education  of  the  rising  generation. 

I  am  happy  to  say  that  the  past  year  has  amply  repaid  the  tiller's  toil ;  our 
harvest  has  been  abundant,  and  the  season  for  gathering  in  the  crop  was  dry,  en- 
abling the  farmer  to  secure  the  reward  of  his  labor  free  from  injury. 

During  the  past  season  we  have  enjoyed  throughout  our  territory  the  1)less- 
ings  of  iiealth.  These  blessings  and  mercies  call  for  our  gratitude  ;  may  we  ever 
feel  our  dependence  on  the  Divine  Heing  through  whom  we  receive  them,  and  our 
prayers  continually  ascend  to  Him  for  wisdom  to  guide  us  in  the  important  duties 
to  which  we  are  called.  GKO.   ABlCRNHTHY. 

OkKGon  City,  December,  1846. 


'.  »^T 


r 


1846 


PROVISIONAL   GOVKRNMKNT. 


233 


On  December  lytli  the  Governor  vetoed  "An  Act  to  Regulate  the 
Manufacture  and  Sale  <: f  Wine  and  Distilled  Li(|uors, "  stating;  that  on 
accoiuit  of  the  condition  of  the  Indians,  it  was  danj^erous  to  allow  ati>- 
one  to  manutacture  or  sell  liquor  in  the  territory,  as  there  were  men 
who  would  sell  to  the  Indians  for  furs  or  horses,  thus  greatly  endan 
gerinji^  the  peace  of  the  community.  The  real  reason  for  the  passage 
of  this  bill  was  that  every  ship  that  came  into  the  Columbia  river, 
especiall.\-  those  of  the  Hudson's  Hay  Company,  1)rought  li([Uor,  and  as 
that  traffic  could  not  be  stoi)ped,  it  was  thought  that  it  might  as  well 
be  manufactured  in  the  territory,  as  since  the  evil  could  not  be  obliter- 
ated from  their  midst,  it  would  be  better  to  retain  the  profit  in  the 
country  also.  The  bill  was  passed  over  the  veto  by  the  following  vote: 
Yeas — Messrs.  Boon,  Hall,  Heiubree,  lyOwnsdale,  L,ooney,  Meek,  Sum- 
mers, Straight,  T' Vault,  Williams  and  Mr.  Speaker — 11.  Nays — 
Messrs.  C..am''erlain,  McDonald,  Newell,  Peers  ai...  Tolmie — 5.  It 
will  be  v,/..  ..  ved  that  all  wlio  voted  for  the  law  were  American  citizens 
by  birth  and  sympathies,  while  those  who  voted  against  it,  except  Dr. 
Newell,  were  either  English  or  men  coiuiected  with  the  Hudson's  Bay 
Compan3^  Dr.  Newell  had  always  sympathized  with  that  company 
and  acted  with  them.  McDonald  was  a  Scotchman,  Chamberlain  a 
Canadian,  both  discharged  employees  of  that  company  ;  W.  F.  Tol- 
mie an  officer,  and  Henry  N.  Peers  a  discharged  servant,  which  ex- 
plains their  vote  against  the  law  and  their  desire  to  allow  that  com- 
pany to  have  exclusive  control  of  the  trade. 

Through  some  cause  the  remainder  of  the  journal  of  the  House, 
dating  from  Dec.    ig,    1S45,  has  been  lost. 

The  following  memorial  was  drawn  up,  adopted  and  sent  to  Con- 
gress : 

Memorial  of  thk  Rkprkskntatives  of  the  Prople  of  Oregon  in  Legis- 
lature  ASSEJIHLED,    DECKMHER,    1846. 

To  llie  Honorable  tlic  Senate  and  House  of  Representatives  of  the  United  States 
0/  A>nerica  in  Cctii^ress  assembled : 

Your  memorialists,  the  representatives  of  the  people  of  Oregon  in  Legislature 
assembled,  do  res])ectfnlly  solicit,  that  the  followir.g  subjects  herein  contained  ma}- 
claim  the  attention  and  sympathy  of  your  honorable  body, 

Oregon  is  so  situated  that  it  will,  erelong,  occupy  an  enviable  position  amongst 
the  civilized  portions  of  the  world  ;  in  proof  of  which,  permit  us  to  refer  your  hon- 
orable body  to  tlie  report  of  committee  in  the  United  States  Congress,  on  Post  Offices 
and  Post  Roads,  April  20,  1S46,  wherein  are  fully  set  forth  the  salubrity  of  its 
climate  and  the  fertility  of  its  soil,  as  well  as  the  many  other  advantages  bestowed 
by  nature's  God  on  this  favored  portion  of  his  earth,  which,  although  three  thous- 
and miles  distant  from  the  United  vStates,  se'^ms  destined  soon  to  become  a  central 
])oint  of  cotujierce  and  happiness. 


.':  1 

■  i  ■ 

ii  i 

!  1 

!fr 


234 


brown's  political  history. 


1846 


¥ 


We  here  beg  to  insert  the  follovviug  statement,  representing  the  eligibility  of 
the  Columbia  river,  as  a  quarter  trom  whence  supplies  could  be  furnished  for  the 
navy  cruising  in  the  Pacific.  Bread  stuflFs  could  be  supplied  in  large  quantities 
and  on  the  shortest  notice,  say  5,000  barrels  of  flour,  or  part  in  biscuit  if  preferred. 
Salt  beef  and  pork,  should  a  demand  arise,  could  also  be  prepared — say  by  the 
1st  of  May,  184S,  3,000  barrels  salt  beef.  The  above  estimates,  of  flour  particularly, 
arc  guardedly  moderate  ;  let  but  markets  open  and  our  productive  powers  would 
rapidly  increase.  Lumber  can  always  be  supplied  in  abundance,  and  tar  aud  pitch 
could  soon  be  manufactured  if  such  should  be  required  by  the  navy.  In  connec- 
tion with  this  subject,  it  will  be  proper  to  mention  that  flax  and  hemp  have  been 
successfully  cultivated  in  small  quantities,  and  could  be  made  articles  of  export 
were  encouragement  offered. 

Manv  of  us  have  been  induced  to  seek  homes  in  this  remote  Territory,  from 
promises  held  out  by  some  action  of  your  honorable  body.  Our  population  is  of  a 
character  to  be  envied  by  older  settled  countries  ;  but,  we  would  not  presume  on  the 
wisdom  of  Congress  by  saying,  give  us  land.  Those  among  us  who  have  overcome 
the  difficulties  of  the  journey  to  Oregon,  as  well  as  those  who  first  encouraged  agri- 
culture and  civilization  by  their  early  settlements  in  this  country,  here  conjointly 
submit  to  the  impartial  judgment  of  your  honorable  body,  their  claims  on  the  Gov- 
ernment to  secure  them  in  their  homes.  We  however,  think  we  have  some  right  to 
expect  a  grant  of  land,  not  only  we  ourselves,  hut  those  who  may  immigrate  for 
the  next  few  years.  Many  of  us  are  settled  under  the  provisions  of  the  Organic 
law,  which  provides  that  any  person  is  entitled  to  hold  640  acres  of  land.  The  claims, 
as  we  call  them,  are  taken  up  in  accordance  with  the  above  named  law,  either  in  a 
square  or  oblong  form,  and  some  portions  of  the  country  are  entirely  occupied. 
Should  therefore  your  honorable  body  in  its  wisdom  conclude  to  sanction  our  title 
to  these  claims,  we  hope  we  may  be  permitted  to  hold  them  as  now  located,  other- 
wise jireat  inconvenience  and  hardships  must  necessarily  result. 

On  the  subject  of  education,  your  memorialists  would  beg  to  present  for  your 
honorable  consideration,  that  in  this,  as  in  the  settlement  of  all  ne.v  countries,  in- 
surmountable barriers  present  themselves  to  the  general  diffusion  of  education,  that 
the  unavoidable  sparsity  of  settlements  and  the  numerous  pecuniary  inconveni- 
ences offer  but  limited  inducements  to  competent  preceptors  is  a  fact  but  too  appa- 
rent. Upon  the  consideration  therefore,  that  the  general  difiiusion  of  knowledge  is 
among  the  leading  principles  of  a  government  founded  upon  republican  ;.)rinciples 
like  that  of  the  United  States  (which  government  we  are  prayerfully  awaiting  to  be 
extended  over  i\s),  where  the  people  may  not  only  in  semblance,  but  in  reality 
have  the  care  of  their  political  institutions ;  and  as  their  ability  to  exercise  that 
power  in  a  manner  that  will  be  the  most  conducive  to  the  prospcritj'  and  preserva- 
tion thereof,  depends  materially  upon  the  general  diffusion  of  education — we  say 
upon  these  considerations,  and  in  view  of  the  disadvantages  under  which  we  labor, 
your  memorialists  most  respectfully  beg  to  suggest  the  propriety  of  adopting  soma 
measures  which  shall  have  fnr  their  tendency  the  removal  of  those  barriers  above 
mentioned,  and  place  a  sound  elementary  education  within  t'.ie  reach  of  all.  Your 
memorialists  will  not  pretend  to  dc^'ise  ways  aii'l  'Means,  but  presuming  upon  the 
known  liberality  of  the  enlightened  government  o.  the  United  States,  wc  fondly 
cherish  the  hope  that  crelon;^  wc  may  receive  that  tii  'ely  assi.stance  which  has  in- 
variably been  afforded  by  liberal  grants  of  land  aiul  , therwi.se,  in  difTerent  portions 
of  the  Union. 

The  difficulty  of  sailing  ve.ssels  navigating  in.  Columbia,  on  their  u])\vari'  pas- 
sage during  the  winter  season,  and  the  dangers  to  be  encountered  by  them  in  cross- 


t  '>.mm 


■I  f 


1846 


PROVISIONAL   GOVERNMENT. 


^35 


'I  pas- 
rross- 


ing  the  bar  of  that  river,  is  another  subject  to  which  we  would  most  respectfully 
solicit  the  attention  of  your  honoiable  body. 

No  greater  drawback  has  perhaps  as  yet  presented  itself  to  the  welfare  of  our 
com '.nunity,  than  the  tardy  movements  of  ship  owners  in  sending  vessels  to  this 
r.ver,  whereby  we  might  be  enabled  to  dispose  of  the  produce  of  our  lands  and  pre- 
vent those  unavoidably  high  prices  on  the  part  of  the  merchant  to  which  we  are 
at  present  subject. 

The  reluctance  on  the  part  of  merchants  above  alluded  to.  is  doubtless  caused 
in  a  great  measure  by  the  risk  to  which  merchandise  is  subject  in  crossing  the  bar,  and 
the  loss  of  time  and  expense  consequently  incurred  by  sailing  craft  in  arriving  at 
their  destination. 

The  causes  of  the  difficulties  to  which  we  have  reference,  are  as  follows  :  That 
with  respect  to  crossing  the  bar,  a  vessel  is  under  the  necessity,  from  the  intricacy 
of  the  passage,  to  await  what  is  generally  termed  a  fair  wind,  and  also,  in  most 
cases  a  particular  stage  of  the  tide.  She  is  subject  both  to  natural  calms  and  calms 
caused  by  Cape  Disappointment  and  the  adjacent  highlands  ;  and  also  to  the  influ- 
ence of  numerous  currents  setting  towards  different  points  according;  to  the  stage 
of  tide. 

During  five  months  of  the  year,  we  may  say  the  wind  almost  universally  blows 
down  the  river,  so  that  an  inward  bound  vessel  usually  takes  from  one  to  two 
months  in  advancing  a  distance  of  loo  miles,  or  from  the  entrance  of  the  Columbia 
to  Portland  on  the   Villamette  river. 

A  more  detailed  description  (jf  the  intricate  navigation  of  this  river,  we  pre- 
sume would  be  superflu(»us,  asthe  journals  of  Commodore  Wilkes,  Captain  Belcher 
and  others  have  doubtless  come  under  the  observation  of  your  honors.  We  have, 
during  our  present  session,  done  our  utmost  for  the  safety  of  vessels  in  establishing 
a  pilotage  ;  but  at  the  same  time,  are  of  the  opinion  that  nothing  but  the  aid  of 
steam  vessels  will  save  that  loss  of  labor,  time  and  property  of  which  we  speak. 
We  therefore,  your  memorialists,  would  most  earnestly  petition  your  honorable 
body  for  the  use  of  a  steam  towboat  which  might  enable  vessels  either  to  enter  or 
leave  the  river  at  all  seasons,  and  be  of  infinite  service  in  the  navigation  of  the 
stream  itself. 

Before  closing  this  our  memorial,  we  cannot  but  express  with  mixed  astonish- 
ment and  admiration,  our  high  estimation  of  a  grand  project  (  the  news  of  which 
has  found  its  way  to  Oregon  )  by  the  memorial  of  George  Wilkes,  Esq.,  for  a  railroad 
from  the  Atlantic  to  the  Pacific  ocean.  That  such  a  thing  should  exist,  cannot  but 
be  obvious  to  every  person,  particularly  to  those  who  have  traveled  from  the  Uti'ted 
States  to  Oregon.  .Vnd  although  some  years  may  roll  by  before  the  completion  of 
this  great  undertaking,  yet  we  shall  anxiously  look  forward  to  the  time  when,  by 
such  a  work,  commerce  shall  stride  with  gigantic  steps  over  those  wild  and  soli- 
tary regions  now  known  only  as  the  huntit\g  grounds  of  the  trapper  or  the  red 
man. 

In  conclusion,  your  humble  memorialists  having  presented  for  your  considera- 
tion some  of  the  most  important  subjects  to  the  prosperity  and  well  doing  of  our 
adopted  country,  do  most  earnestly  and  respectfully  pray  that  they  ma\'  meet 
such  reception  and  consideration,  as  shall  redound  to  the  peace  and  prosperity  of 
all  interested  and  the  furtherance  of  an  attachment  to  the  C>overntncnt  of  the 
United  States  of  .Vmcrica,  as  shall  cease  only  with  our  existence.  And  your  me- 
morialists, as  in  duly  bound,  will  ever  pray. 
Attest,  N.  HuiiKR,  Oerk.  A.  1,.  I.OVKJOV,    Speaker. 


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ill 


2.-;  6 


brown's  political  history. 


1846 


'M 


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There  had  been  several  attempts  to  organize  militar}'  companies  in 
Oregon,  but  from  various  causes,  principally  the  sparseness  of  settle- 
ment, they  had  not  been  successful,  but  an  unusual  effort  was  made  in 
Ma> ,  1846,  and  a  gooaly  number  met  pursuant  to  notice  at  Hon.  Dan- 
iel Waldo's  farm  and  organized  according  to  the  following  proceedings, 
which  is  copied  from  the  Oregon  Spectator,  June  11,   1846: 

On  motion,  I\Ir.  T.  D.  Keizer  was  called  to  the  chair,  and  Thomas  Holt  was 
appointed  secretarj'.     The  following  preamble  was  read  and  adopted  ; 

Wherkas,  The  people  of  Oregon  territory  are  situated  remote  from,  and 
without  the  protection  of  any  Government,  ve,  therefore  as  memljers  of  a  free 
and  enlightened  community,  wishing  to  preserve  the  principles  and  institutions  of 
a  free  and  republican  form  of  Government,  and  being  well  aware  that  the  body  of 
the  people  is  the  only  power  capable  of  sustaining  such  institutions,  therefore  we 
deem  it  advisal^le  to  form  ourselves  into  military  bodies,  for  the  purpose  of  pre- 
serving peace  and  order  at  home,  and  preventing  aggression  from  abroad — having 
this  precept  before  us,  that 

Eternal  vigilance  is  freedom's  price — 
Its  deadly  l)ane  is  ignorance  and  vice. 

On  motion,  it  was  resolved,  That  we,  as  citizens  of  said  territory,  in  pursuance 
of  this  duty,  forthwith  organize  ourselves  into  a  company  of  mounted  riflemen, 
and  pledge  ourselves  to  abide  by  such  rules,  regulations  and  laws  as  may  be 
adopted  by  a  majority  of  the  company.     On  motion,         • 

Resolved,  That  this  company  shall  be  called  "  The  Oregon  Rangers." 

On  motion,  the  president  proceeded  to  read  a  code  of  by-laws  for  the  govern- 
ment of  the  troop,  which  was  adopted.  After  which  forty-five  joined  the  com- 
pany by  subscribing  their  names  to  the  by-laws. 

The  following  were  elected  officers  of  the  company  :  Captain,  Charles  Ben- 
nett; first  lieutenant,  k.  A.  Robinson;  second  lieutenant,  Isaac  Hutchins ;  third 
lieutenant,  Hiram  English;  orderly  sergeant,  Thos.  Holt;  second  sergeant,  Thos. 
Howell;  third  sergeant,  S.  C.  Morris;  fourth  sergeant,  William  H.  Herron  ;  First 
corporal,  P.  C.  Keizer;  second  corporal,  Robert  Walker;  third  corporal,  B.  Frost; 
fourth  corporal,  John  Rowe. 

It  is  much  to  be  regretted  that  a  complete  roll  of  that  company  can 
not  be  obtained,  as  it  contained  some  men  who  afterwards  took  an  im- 
portant part  in  the  aflFairs  of  the  territory  and  .state.  First  was  Capt. 
Charles  Bennett,  who  had  .served  in  the  regular  United  States  army, 
and  was  honorably  discharged  as  orderly  sergeant.  Coming  to  Oregon 
in  1845,  he  resided  at  Salem  until  1847,  when  he  went  overland  to  Cal- 
ifornia with  Hon.  Stephen  Staats  and  others.  He  went  to  work 
in  Captain  Sutter's  mill,  and  was  walking  with  Mr.  Marshall  when  the 
first  piece  of  g(3ld  was  found.  Whether  Marshall  or  Bennett  picked  up 
the  piece  will  never  be  known,  but  Bennett  pronounced  it  gold,  and 
made  such  tests  as  to  estat)lish  the  identity  of  the  metal.  Mr.  Ben- 
nett mined  and  traded  in  California  for  two  years,  then  returned  to 
Salem  to  live,   having  made  considerable  money.     He  was  an  enter- 


:•     ri} 


1846 


PROVISIONAL   GOVERNMENT. 


^37 


prising  man  and  erected  the  first  hotel  building  in  that  city.  He  was 
a  born  soldier  and  as  brave  as  a  lion.  He  led  a  companj'  of  v^olunteers 
in  1855,  and  was  killed  at  the  head  of  his  company  in  the  heaviest 
battle  Oi  ne  war.  He  was  brought  to  Salem  for  burial.  Hon.  Daniel 
Waldo  and  Hon.  T.  D.  Keizer  both  served  as  members  in  the  Oregon 
legislature.  W.  H.  Herron  was  sheriff  of  Marion  county  and  filled 
other  important  po.sitions. 

About  a  month  after  their  organization,  while  drilling  under  the 
command  of  lyieutenant  Robinson  (Captain  Bennett  being  absent)  word 
was  brought  to  the  company  that  a  band  of  Indians,  in  camp  a  few 
miles  away,  were  committing  various  depredations  and  the  settlers 
wanted  assistance.  This  was  a  good  opportunity  for  the  newly  organ- 
ized militia  to  display  their  valor,  and  accordingly  they  proceeded  to 
investigate,  and  if  necessary,  to  give  the  savages  an  example  of  their 
prowess,  and  inflict  a  severe  chastisement.  The  following  is  a  written 
statement  furnished  by  a  gentleman  who  lived  at  that  time  near  the 
scene  of  action. 

The  Battle  Creek  Affair. 

In  June,  1846,  a  party  of  Indians,  Wascopams,  from  The  Dalles,  or  Warm 
Springs  in  Wasco  county,  made  their  appearance  in  the  southern  part  of  Marion 
county.  Whether  they  came  via  the  Indian  trail  north  of  Mount  Hood,  or  by 
the  one  leading  into  Santiam  valley  is  not  known.  They  appeared  and  located 
their  camp  for  a  time  on  the  northwest  of  Looney  Butte  in  the  lower  Santiam 
vallej",  and  soon  afterwards  attracted  the  attention  of  the  scattered  settlers  both 
by  their  numbers  and  their  rather  free  and  easy  behavior.  In  the  then  condition 
of  the  settlement,  it  required  but  little  that  was  unusual  to  attract  such  attention. 
Hamilton  Campbell,  a  niember  of  the  recently  dissolved  M.  E.  Mission,  had  be- 
come owner  of  the  cattle  of  the  mission  by  purchase,  and  these  cattle  ranged  on 
the  hills  between  the  vSantiam  river  and  Mill  creek  to  the  north  where  the  mission 
was  and  Salem  now  is  located.  A  rumor  wa^  started  in  the  settlement  that  the 
Indians  were  killing  and  eating  from  the  cattle  ranging  in  the  vicinity  of  their 
camp,  and  upon  that  rumor  a  young  man  was  sent  to  ask  the  aid  of  Captain  Ben- 
nett's company  of  rangers,  who  met  for  drill  every  Saturday  at  the  farm  of  Daniel 
Waldo,  in  the  range  of  hills  now  bearing  his  name.  The  messenger  found  the 
rangers  drilling  under  command  of  Lieutenant  A.  A.  Robinson,  second  in  com- 
mand (Captain  Bennett  being  absent).  Robinson  gave  the  order  to  march  to 
where  the  Indians  wtre  supposed  to  be.  There  was  nothing  in  the  wayof  acjuick 
gallop  across  the  country,  the  distance  being  abont  fourteen  miles.  The  Indians 
had  (seemingly  entirely  unaware  of  being  a  cause  of  alarm)  moved  their  camp 
some  four  miles  northward  towards  Salem,  and  the  horsemen  having  got  onto  the 
trail  between  Salem  and  the  Santiam  settlement,  a  little  north  of  where  the  In- 
dians set  their  new  camp  in  a  fringe  of  brush  bordering  a  small  stream,  were  right 
in  amongst  the  Indians  when  they  became  aware  of  their  presence.  The  party 
had  been  riiling  very  briskly  and,  of  course,  under  some  excitement.  Their  sud- 
den appearance  and  sudden  stopping  on  seeing  the  Italians,  alarmed  the  latter 
ami  they  took  to  such  cover  as  the  little  fringe  of  l)rush  afforded.     It  is  not  cer- 


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238 


BROWN  S    POLITICAL    HISTORY. 


1846 


tain  whether  it  was  an  Indian  or  a  white  man  that  fired  the  first  shot.  Which 
ever  it  was,  it  w  as  without  orders.  It  was  never  questioned  that  David  Daily  fired 
at  close  range  and  an  Indian  fell.  The  whites,  at  this  time,  were  crowded  together 
and  the  Indians  began  a  lesultory  fire  from  the  brush,  some  of  them  having  pis- 
tols and  some  having  the  small  fusee,  which  was  the  gun  of  the  Hudson's  Bay 
Company's  trade  with  the  Indians.  That  the  Indians  were  poorly  armed  is  suf- 
ficiently indicated  by  the  fact  that  no  white  man  was  touched,  while  thus  exposed 
to  the  fire  of  the  Indians  in  the  cover  at  close  range.  The  command  was  soon 
given,  however,  to  retreat,  and  the  whites  formed  in  some  little  order  at  long  rifle 
shot  from  where  the  Indians  were,  and  a  few  scattering  shots  were  sent  into  the 
brush  at  random. 

This  was  soon  stopped,  and  the  leader  of  the  Indians  demanded  to  know  why 
they  were  attacked  in  that  manner.  On  being  informed  that  it  had  not  been  the 
intention  to  attack  his  party,  but  that  information  had  been  circulated  amongst  the 
whites  that  his  party  were  killing  and  eating  the  cattle  which  belonged  to  white 
men,  and  they  had  come  to  see  about  it.  This,  the  Indians  stoutlj'  denied,  and 
the  proof  of  the  charge  was  not  made.  No  further  shooting  occurred,  and  the 
casualties  were  one  ze//fzV(?  w/a«  badly  frightened,^  and  one  Indian  shot  through 
the  fleshy  part  of  both  thighs.  As  everything  could  be  settled  with  the  In- 
dians for  a  property  consideration  this  man's  case  was  no  exception.  A  gift  of  a 
pony  and  a  pair  of  blankets  settled  the  trouble,  and  the  trouble  and  the  name  of  it 
settled  Captain  Bennett's  company  of  Oregon  Rangers.  It  needed  no  instruction 
after  the  aff"air  of  Battle  creek.  Public  spirit  wilts  under  ridicule.  The  e.Tect  of 
a  prospective  fight  had  such  an  effect  upon  one  of  the  Ranger;  as  to  bring  the 
action  into  riticule.  The  Indian  recovered  from  his  wounds;  the  ranger  never  re- 
covered. 


The  Mounted  Riflemen. 
On  May  19,  1846,  Congress  passed  an  act  authorizing  the  raising 
and  equipping  of  a  mounted  regiment  of  riflemen  and  establishing  mil- 
itary posts  in  Oregon,  with  the  same  pa}''  and  allowances  to  dragoons, 
and  for  extra  duty  15  cents  per  day.  The  sum  of  $76,500  was  appro- 
priated for  mounting  and  equipping  this  regiment.  The  sum  of  83,000 
was  appropriated  for  each  military  post  that  the  President  might 
authorize  to  be  built  on  the  route  to  Oregon.  Stat,  at  large,  ist  Se.ss. 
Ch.  23,  p.  14,  1846. 

Lieutenant  Neil  M.  Hoivison's  Report. 
Lieutenant  Howi.son,  United  States  navy,  was  ordered  by  Commo- 
dore Sloat  to  take  the  United  States  schooner  Shark  and  proceed  to 
the  Columbia  river.  The  Shark  left  the  Sandwich  Islands  June  23d, 
and  arrived  off  the  mouth  of  the  river  July  15th,  and  was  compelled  to 
lay  off  for  three  days  and  entered  on  the  i8th.  Being  warned  by  Cap- 
tain Mott,  of  the  Hudson's  Bay  Company's  barque  Vancouver,  and 
Captain  Crosby,  of  the  American  barque  Toulon,  that  the  bar  of  the 

1  It  required  a  wet-nurse  application  of  water  to  restore  the  victim  to  normal  conditiou. 


1846 


PROVISIONAL   GOVERNMENT. 


239 


river  had  shifted,  and  not  to  depend  upon  Commodore  Wilkes'  chart,  he 
took  a  small  boat  and  sounded  out  the  channel  and  made  his  entrance 
safely.     Thus  it  was  that  Commodore  Wilkes'  chart  was  out  of  date 
even  before  it  had  been  published,  as  Lieutenant  Howison  had  a  copy 
on  tracing  paper.     On  arriving  at  Baker's  bay,  he  was  boarded  by 
Messrs.  Lovejoy,  Gray  and  Spaulding,  who  happened  to  be  at  Astoria, 
After  a  negro  pilot  had  run  the  schooner  on  to  a  sand  bar,  Mr.  Lattie, 
formerly  a  mate  of  a  Hudson's  Bay  Company's  ship,  took  the  vessel  to 
Astoria,  where  he  remained  three  days,  visiting  the  American  settle- 
ments on  Clatsop  plains,  obtaining  all  the  beef  and  vegetables  he  re- 
quired.    The  Shark  reached  Fort  Vancouver  July  24th,  where  he  found 
Her  Britannic  Majesty's  sloop-of-war  Modeste,  Captain  Baillie.  On  the 
26th  he  dropped  down  to  the  mouth  of  the  Willamette,  but  could  not 
enter,  and  returned  to  Vancouver.     Lieutenant  Howison  sent  his  lieu- 
tenant with  a  boat  to  Oregon  City,  accompanied  by  a  letter  of  instruc- 
tions to  refrain  from  engaging  in  arguments  touching  the  ownership  of 
the  soil,  as  he  considered  it  his  duty   "to  allay  rather  than   increase 
excitement  on  a  question   which  no  power  hereabouts  could  settle," 
Lieutenant   Howison   learned  that   the  British   Government  had  the 
sloop-of-war   Alodestc,    in    the    Columl)ia,   the   frigate  Fishgord  in 
Puget  Sound,  and  the  strongly  armed  steamer  Cormorant  in  the  sound 
and  about  Vancouver's  island.    These  unusual  demonstrations  of  power 
were  a  source  of  great  irritation  to  the  Americans.    "The  English  res- 
idents calculated  with  great  certainty  upon  the  river  being  adopted  as 
the  future  dividing  line,  and  looked  with  jealousy  upon  the  American 
advance  into  the  northern  portion  of  the  territory,  which  had  some  in- 
fluence in  restraining  innnigration."     Lieutenant  Howison  went  up  to 
Oregon  City  and  was  received  with  a  salute,  in  which  blacksmith  an- 
vils were  used  in  place  of  cannon.     From  Oregon  City,  accompanied 
by  Governor  Abernethy,  the  lieutenant  took  a  trip  up  the  Willamette, 
and  is  very  enthusiastic  in  his  description  of  the  valley  and  the  man- 
ner in  which  he  was  received  by  the  people.     He  says  :    "I  had  previ- 
ously dispatched  the  first  lieutenant,  W.  S.  Schenck,  up  the  Columbia 
river  as  high  as  The  Dalles,  to  find  out  what  settlements  had  been 
made  along  the  banks,  and  more  particularly  to  gain  information  of  the 
large  emigration  which  was  expected  in       ='■       *       *       from  which 
we   should  get  dates  as  late  as  June.     When  Captain  Wilkes  left  the 
the  river  in    i<S4i,    he  placed  the    Peacock^ s  launch,  at  that  time  a 
splendid  boat,  in  charge  of  Dr.  McLoughlin,  to  be  used  in  assisting 
vessels  about  the  bar,  should  they  need  it.     After  this  boat  had  re- 
mained a  year  in  the  water  without  being  of  any  use,  she  was  hauled 


:i! 


f!" 


!: 


^1  villi 

!  m " 


240 


BROWN  S    POLITICAL   HISTORY. 


1846 


up  on  shore,  and  was  found  completelj^  out  of  order  from  the  effects  of 
deca)'  and  shrinkage.  Many  applications  had  been  made  for  her  by- 
American  emigrants,  but  Dr.  McLoughlin  did  not  feel  authorized  to 
deliver  her  to  any  other  than  a  United  States  officer.  "I  thought  it 
good  policy  to  sell  her  for  the  benefit  of  the  Government,  as  the  man 
who  purchased  her  for  $150,  did  so  with  the  intention  of  using  her 
as  a  pilot  boat."  On  August  23d  the  Shark  started  down  the 
river  and  reached  Baker's  bay  on  September  8th.  "The  9th  was  de- 
voted to  observations  on  the  bar  and  preparations  for  crossing  it.  On 
the  loth,  in  the  afternoon,  the  attempt  was  made  and  resulted  in  the 
shipwreck  of  the  schooner."  The  crew  all  made  their  escape  with 
only  the  clothes  they  wore.  Lieutenant  Howison  immediately  went  to 
Fort  Vancouver,  where' all  :)f  his  wants  were  supplied  by  the  officers 
of  the  Hudson's  Bay  Company,  by  taking  bills  on  Baring  Bros.,  at 
par,  and  a  free  gift  of  a  boat  load  of  provisions  from  the  officers  of  the 
Modestc.  Governor  Abernethy  and  Captain  Couch,  of  Oregon  City, 
offered  assistance.  October  nth,  L,ieutenant  Howison  chartered  the 
Hudson's  Bay  Company's  schooner  Caclhow,  for  /"500  to  take  him 
and  crew  to  San  Francisco,  but  did  not  succeed  in  getting  out  of  the 
river  until  January  18,  1847,  and  arrived  at  San  Francisco  on  the  27th. 
The  following  letters  will  explain  themselves  : 

Fort  Vancouvkr,  September  11,  1846. 
Dkar  Sir  :  We  have  just  heard  of  the  unfortunate  accident  which  has  be- 
fallen the  S/iark  on  the  bar  of  the  river,  and  we  beg  to  offer  our  sincere  condolence 
on  the  distressing  event.  We  also  beg  to  offer  every  assistance  we  can  render  in 
your  present  destitute  state,  and  hope  you  will  accept  of  the  few  things  sent  by 
this  conveyance.  Captain  Baillie  having  dispatched  bread  and  tea  by  the  Modeste's 
pinnace  anticipated  our  intention  of  sending  such  things.  Have  the  goodness  to 
apply  to  ]Mr.  Peers  for  any  articles  of  food  or  clothing  you  may  want,  and  they 
will  be  at  your  service  if  he  has  them  in  store.  .\s  the  people  of  Clatsop  can  fur- 
nish abiuulance  of  beef  and  potatoes,  we  are  not  anxious  aljout  your  suffering  any 
privation  of  food.  If  otherwise,  IMr.  Peers  will  do  his  utmost  to  supply  your 
wants.     With  kind  remembrance  to  the  oi^icers,  we  reuuiin  yours  truly, 

PKTKR  SKKEN  0GDP:N, 
J.\MKS  DOUGLAS. 

Hkr  Majesty's  Sloop  Modeste,  ) 

Port  Vancouver,  Cohmhia  River,  September  13,  1846.  f 
Sir  ;  It  was  with  the  greatest  regret  that  I  this  morning  r  -reived  infornuition 
of  yoivr  vessel  being  on  the  sands  at  the  mouth  of  the  Columbia.  I'rom  the  hur- 
ried information  I  have  received,  I  much  fear  that  my  boat  will  be  too  late  to 
render  any  assistance  in  saving  the  vessel ;  but  in  the  possibility  of  your  not  hav- 
ing been  able  to  save  provisions,  etc.,  I  beg  to  offer  for  your  acceptance  a  few  of 
sucli  articles  as  are  not  likely  to  be  obtained  at  Clatsop. 

I  have  the  horor  to  be  your  obedient  servant. 
Lieutenant  Howison,  "  TIIOS.  BAII  T,IE, 

Comma»din_q^  U.  S.  Schooucr  Shark.  Commander. 


the 

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jniiii 

fore 

rent; 

will 

self 


1846 


PROVISIONAI,   GOVERNMKNT. 


J4I 


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b 


.      f 


milder. 


Bakkr's  Bay,  Friday,  November  9,  1846. 

Sir  :  I  much  regret  the  melancholy  dibaster  which  befell  your  vessel  on 
Wednesday  evening,  and  also  my  inability  to  render  you  any  assistance  at  that 
time.  The  Indians  tell  me  there  are  several  lives  lost,  but  I  hope  such  is  not  true. 
I  am  informed  you  wish  to  occupj'  part  of  the  house  at  Astoria  ;  it  is  at  your  ser- 
vice, as  also  anything  else  there  in  the  shape  of  food  or  clothing ;  and  I  must,  at 
the  same  time,  apologize  for  oftering  you  such  poor  accommodations.  I  sent  off 
a  dispatch  to  Vancouver  yesterday  morning,  to  actjuaint  them  of  your  distress, 
and  expect  an  answer  vSunday  morning.  HENRY  PKKRS, 

Port  Agent  of  Hudson's  Bay  Company. 

To  Captain  Howison. 


Oregon  City,  September  15,  1846. 

Dkar  Sir  :  Last  night  we  heard  the  melancholy  tidings  that  the  schooner 
S/iark  was  lost  on  the  south  spit.  It  was  painful  intelligence,  particularly  as  we 
are  yet  in  doubt  as  to  the  safety  of  yourself,  otficers  and  crew.  The  letter  we  re- 
ceived at  this  place  states  that  the  probability  is,  all  were  saved,  which  I  sincerely 
hope  may  be  the  case  ;  but  until  we  hear  of  the  safety  of  all,  we  will  be  in  an  un- 
happy state  of  suspense.  My  first  feeling  was  to  leave  all  here  and  reach  Clatsop 
as  soon  as  possible  ,  but  I  am  situated  in  such  a  way,  just  at  this  time,  I  cannot 
leave.  Should  you  not  make  arrangements  to  get  away  in  the  Mariposa,  we  have 
your  room  in  readiness  for  you,  and  will  be  very  happy  to  have  you  make  one  of 
our  family,  as  long  as  you  remain  in  the  country,  and  any  one  of  your  officers 
that  you  may  choo.se  for  the  other  room.  I  perceive  the  Modeste's  launch  was  to 
leave  with  a  supply  of  provisions  for  you  for  the  present.  If  you  wish  anything 
that  I  have,  let  me  know,  and  I  will  send  it  down  immediately.  I  have  plenty  of 
flour,  and  I  have  no  doubt  but  plenty  of  beef  and  pork  can  be  obtained  here  for 
the  crew.  It  will  give  me  great  pleasure  to  be  of  any  service  to  you.  Hoping  to 
hear  from  you  soon,  and  that  yourself,  officers  and  crew  are  all  safe  on  shore  and 
in  good  health,  I  remain  yours  truly.  GEORGE  ABERNETHY. 

Captain  NEit  Howison. 


September  19,  1846. 
Dkar  Sir.  *  *  *  Should  a  vessel  arrive  belonging  to  the  firm,  I 
think  you  will  have  no  difficulty  in  chartering  her  to  go  to  California.  I  shall  be 
happy  to  render  you  all  the  assistance  that  lies  in  my  power.  Should  you  wish 
any  assistance  as  it  regards  money,  or  anything  that  I  can  obtain  for  you  in  Oregon,, 
please  inform  me,  and  I  will  at  the  earliest  date  endeavor  to  procure  it  for  you. 
Please  accept  my  kindest  regards  to  yourself  and  officers. 

Yours  truly.  JOHN  H.  COUCH. 


Baker's  Bay,  Columbia  River,  \ 
December  i,  1846.  ) 
DEAR  Governor  :  One  of  the  few  articles  preserved  from  the  shipwreck  of 
the  late  U.  vS.  vSchooncr  Shark,  was  the  stand  of  colors.  To  display  this  national 
emblem,  and  cheer  our  citizens  in  this  distant  territory  by  its  presence,  was  the 
principal  object  of  the  Shark's  visit  to  the  Columbia  ;  and  it  appears  to  me,  there- 
fore highly  proper  that  it  should  henceforth  remain  with  you,  as  a  memento  of  pa- 
rental regard  from  the  General  Goverumeut.  With  the  fullest  confidence  that  it 
will  be  received  and  duly  appreciated  as  such  by  our  countrymen  here,  I  do  my- 
self the  honor  of  transmitting  the  flag  (  an  ensign  and  union  jack  )  to  your  address 


i! 


I .     i,j 


I ; 


242 


brown's    POI.ITICAL   HISTORY. 


1846 


nor  can  I  omit  the  occasion  to  express  my  gratification  and  pride  that  this  relic  of 
my  late  command  should  be  emphatically  the  first  United  States  flag  to  wave  over 
the  undisputed  and  purely  American  territory  of  Oregon. 

With  considerations  of  high  respect.  NEIIv  M.  HOWISON,' 

Lieutenant  Commanding  U.  S,  Navy. 


Oregon  Citv,  Dec.  21,  1846. 
Dear  Sir  :  I  received  your  esteemed  favor  of  Dec.  ist,  accompanied  with  the 
flags  of  the  laic  U.  S.  vSchooner  Shark,  as  a  "  memento  of  parental  regard  from  the 
General  Government"  to  the  citizens  of  this  territory.  Please  accept  my  thanks 
and  the  thanks  of  this  conminnity  for  the  ( to  us  )  very  valuable  present.  We  will 
fling  it  to  the  breeze  on  every  suitable  occasion,  and  rejoice  under  the  emblem  of 
our  country's  glory.  Sincerely  hoping  that  the  "star-spangled  banner"  may  ever 
wave  over  this  portion  of  the  United  States, 

I  remain,  dear  sir,  yours  truly. 
Lieut.  Howison,  Lieut.  Commanding.  GEO.  ABERNETHY. 

Lieutenant  Howison's  report  to  the  Commander-in-chief  of  the  U. 
S.  Naval  forces  is  quite  long,  covering  thirty-six  printed  pages.  He 
employed  all  of  his  time  in  gathering  information  and  formed  a  very 
favorable  impression  of  the  peopl'e  and  country.  He  made  .several  very 
urgent  and  beneficial  recommendations  in  regard  to  the  development 
and  fostering  of  commerce;  which,  if  the  "  paternal  Government  "  had 
heeded  instead  of  discussing  the  "nigger  question"  would  not  only 
have  been  of  great  benefit  to  the  struggling  community,  but  would  have 
saved  several  ships  and  many  lives.  However  it  was  politics  first,  and 
the  country  afterwards. 

Speaking  of  Dr.  McL,oughlin,  he  says  : 

"The  control  of  all  the  company's  affairs  west  of  the  Rocky  mountains  was  at 
that  time  (1820),  and  continued  until  1845,  to  be  in  the  hands  of  Mr.  John 
McLoughlin.  As  this  gentleman  figures  largely  in  the  first  settlement  of  the  coun- 
try, and  contiimes  to  occupy  a  most  respectable  and  influential  stand  there,  it  may 
"be  proper  to  describe  him.  He  is  a  native  of  Canada,  but  born  of  Irish  parents,  he 
is  well  educated,  and,  having  studied  medicine,  acquired  the  title  of  doctor,  which 
is  now  universally  applied  to  him.  Of  fine  form,  great  strength,  and  bold  and 
fearless  character,  he  was  of  all  men  best  suited  to  lead  and  control  those  Canadian 
adventurers.  *  *  *  \\^  came  I  think,  as  early  as  1820  to  assume  the 
direction  of  the  Hudson's  Bay  Company's  interest  west  of  the  Rocky  mountains, 
and  immediately  organized  the  necessary  trading  posts  among  the  Indians  of  Ore- 
gon and  those  on  the  more  northerly  coasts.  He  continued  to  maintain  the  super- 
intendence of  this  increasing  and  most  profitable  trade,  and  by  judicious  selection 
-of  assistants,  the  exercise  of  a  profound  and  humane  policy  towards  the  Indians, 


1  Tjeut.  Howison  in  his  report  pp.  6-7  says  :  "October  i6th  the  American  barque  Toulon  ar- 
rived from  the  Sandwich  Islands,  and  brought  us  the  news  of  the  Oregon  treaty,  Mexican  war,  and 
the  occupation  of  California.  *  *  *  The  right  of  ownership  of  the  soil  beinj;  decided  by 
treaty,  I  no  longer  felt  any  reserve  in  hoisting  our  flag  on  shore  ;  and  it  had  been  sometime  waving 
over  our  quarters  on  the  very  spot  which  was  first  settled  by  white  man  on  the  banks  of  the  Colum- 
bia, When  we  broke  up  and  embarked,  I  transmitted  this  emblem  of  o\ir  nationality  to  Oovernor 
Abeniethy. 


i    :  i 


% 


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PROVISIONAL   GOVERNMENT. 


24: 


*  *  *  placed  the  power  and  prosperity  of  his  employers  upon  a  safe  and 
lasting  foundation.  The  doctor  is  now  about  70  years  of  age  ;  is  still  strong  and 
active,  of  robust  figure  and  rosy  complexion,  with  clear  gray  eyes,  surmounted  by 
huge  brows  and  a  full  head  of  hair,  white  as  snow.  He  is  a  strict  professor  of  the 
Catholic  religion.  He  resides  now  altogether  at  Oregon  City  ;  is  said  to  be  on  fur- 
lough from  duty  in  the  company's  service,  and  devotes  himself  to  the  operation  of 
a  fine  flour  and  saw-mill  which  he  has  built  at  the  falls.  He  is  active  and 
indefatigable,  and  has  by  his  advice  and  assistance  done  more  than  any  man 
towards  the  rapid  development  of  the  resources  of  this  country  ;  and  although  his 
influence  among  his  own  countrymen,  some  few  of  the  most  respectable  American 
settlers,  and  throughout  the  half-breed  and  Indian  population,  is  unbounded,  he  is 
not  very  popular  with  the  bulk  of  the  American  population.  Some  complaints 
against  him  of  an  overbearing  temper,  and  a  disposition  to  aggrandizement  increas- 
ing with  his  age,  seem  not  to  be  entirely  groundless.  He  is,  nevertheless,  to  be 
considered  a  valuable  man;  has  settled  himself  on  the  south  side  of  the  river,  with 
full  expectation  of  becoming  a  citizen  of  the  United  States,  and  I  hope  the  Govern- 
ment at  home  will  full}'  appreciate  him." 

Speaking  of  the  population,  Lieut.  Howison  says  : 

"Simultaneously  with  the  Canadians  were  discharged  from  the  company's 
service  other  subjects  of  Great  Britain,  as  farmers,  mechanics,  &c.,  chiefly  from 
Scotland  and  the  Orkney  isles,  besides  some  of  the  wild  offspring  from  the  Earl  of 
Selkirk's  emigrants  to  the  Red  River  settlements,  north  of  the  lake  of  the  Woods. 

*  *  *  No  important  accessions  occurred  until  the  American  missionaries, 
with  their  families  came  into  the  country ;  nor  do  I  believe,  prior  to  1836,  a  single 
white  ivoinan  lived  here.  It  was  not  until  the  year  1839  that  any  regular  emigrat- 
ing companies  came  out  from  the  United  States;  and  these  were  small  until  1842, 
when  an  annual  tide  of  thousands  began  to  flow  towards  this  western  window  of 
our  republic." 

Lieut.  Howison  entertained  a  different  opinion  from  Captain  Wilkes 
who  had  left  only  a  few  years  before.  In  regard  to  the  necessity  of 
some  kind  of  a  civil  government.     Lieut.  Howison  says  ; 

"The  people  of  Oregon  had  lived  without  law  or  politics,  until  the  early  part 
of  1845  ;  '  and  it  is  a  strong  evidence  of  their  good  sense  and  good  disposition  that 
it  had  not  previously  been  found  necessary  to  establish  some  restraint  of  law  in  a 
community  of  several  thousand  people.  Among  the  emigrants  of  this  year,  how- 
ever, were  many  intelligent,  reflecting  minds,  who  plainly  saw  that  this  order  of 
things  could  not  continue  in  a  rapidly  increasing  and  bustling  population  ;  and 
that  it  became  indispensable  to  establish  legal  landmarks  to  secure  property  to  those 
already  in  its  possession,  and  to  point  to  newcomers  a  mode  of  acquiring  it.  A 
convention  was  accordingly  held,  and  a  majority  of  votes  taken  in  favor  of  estab- 
lishing a  Provisional  Government,  '  until  such  times  as  the  United  States  of  .Amer- 
ica extend  their  jurisdiction  over  us.'  The  organic  law  or  constitution  was  of 
course  first  framed,  and  made  abundantly  democratic  in  its  character  for  the  taste 
of  the  most  ultra  disciple  of  that  political  school.  *  *  *  The  election  for 
Govern  I  ir  excited  the  same  sort  of  party  array  ;  but,  as  there  were  several  candidates 
for  this  office,  some  new  considerations  may  be  supposed  to  have  mingled  in  the 
contest.     George  Abernethy,  Esq. ,  a  whole-souled  American  gentleman,  w  as  elected 

1  The  first  meeting  to  organize  a  government  was  held  Feb.  17,  1841. 


;'::'i 


II. 


n  I 


ifT" 


244 


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i  S 


I  I 


f    ■ 


.  i 


by  a  majorit}'  of  the  whole  ;  nor  did  he  receive  any  support  from  those  u'uder  the 
Company's  influence.  This  gentleman  came  to  Orejjjon  as  secular  agent  to  the 
Methodist  mission  in  i83Sor  '39,  and,  at  the  dissolution  of  that  body,  engaged  in 
mercantile  and  milling  business.  He  is  very  extensively  acquainted  with  the  coun- 
try and  people  of  Oregon,  and  is  greatly  respected  for  his  amiable,  consistent  and 
patriotic  character.  He  is  a  native  of  New  York,  and  married  a  lady  of  Nova 
Scotia,  and  will  make  a  valuable  correspondent  to  the  United  vStates  Government 
should  it  be  desirable  to  communicate  with  Oregon." 

"  Large  droves  of  American  cows  and  oxen  have  annually  accompanied  the 
emigrating  parties  from  the  United  States,  and  the  Hudson's  Bay  Company  have 
imported  many  from  California  ;  but  of  this  indispensable  appendage  to  an  agricul- 
tural district,  the  far  greater  number  in  the  Wilhammctte  '  valley  have  sprung  from 
a  supply  driven  in  from  California  through  the  instrumentality  of  Purser  Slacum, 
U.S.  Navy  who  visited  Oregon  eight  or  nine  years  ago  as  an  agent  of  the  Government. 
Chartering  a  small  vessel  in  the  Columbia,  he  carried  down  to  San  Francisco  a  number 
of  passengers,  gratis,  whom  he  aided  in  procuring  cattle,  and  purchased  a  number  for 
himself  besides,  which  were  driven  into  the  rich  pastures  of  Oregon  ;  their  descend- 
ants are  to  the  inhabitants  a  fertile  source  of  present  comfort  and  future  wealth. 
It  is  but  justice  to  the  memory  of  Mr.  Slacum  to  add,  that  from  this  circumstance, 
and  others  like  it,  evincing  an  interest  in  the  welfare  of  the  people,  and  a  desire  to 
aid  their  efforts  in  settling  the  country,  no  other  official  agent  of  the  United  States 
who  has  visited  Oregon  is  held  in  equally  high  estimation  or  grateful  remembrance 
by  the  early  settlers  here." 

When  lyieut.  Howison  arrived  at  San  Francisco,  a  court  of  inquirj- 
to  investigate  the  cause  of  the  wreck  of  the  Shark  was  ordered  which 
totally  exonerated  that  gallant  officer,  as  will  be  shown  by  the  follow- 
ing extract  from  a  letter  of  Comiuander  Biddle.  They  also  tendered  a 
resolution  of  thanks  to  Captain  Baillie  and  the  Hudson's  Bay  Company. 
The  services  rendered  by  the  captain  of  the  Modeste,  were  of  course 
courtesies  that  one  naval  vessel  of  any  nation  would  instantlj'^  render 
another,  but  the  motive  of  the  officers  of  the  Hudson's  Bay  Compan}-, 
was  entirely  of  another  nature — what  they  furnished  was  paid  for, 
and  the  proffered  aid  was  made  for  the  purpose  of  creating  a  good  im- 
pression at  the  capital  as  they  well  knew  it  would  be  reported  to  our 
Government  and  aid  them  in  any  scheme  they  might  wish  to  carry  out. 
The  following  is  Lieut.  Howison's  letter  with  extracts  : 

U.  S.  Frigatk  Savannah,     \ 
Monterey,  March  17,   1847.  ) 
Dear  Governor  :     We  sail  to-morrow  for  Valparaiso,  from  where  I  proceed 
across  the  Isthmus  to  the  United  States  as  bearer  of  dispatches.     I  cannot  how- 
ever leave  the  coast,  without  bidding  you  a  friendly  good-bye. 

You  will  sec  by  the  annexed  extracts,  that  I  have  passed  the  tribunal  of  inves- 
tigation, unscathed.  Upon  getting  hold  of  Wilkes'  chart  again  (  a  cop}'  of  which 
was  the  only  one  I  had  on  board  the  Shark)^  I  found  it  afforded  me  an  ample  defense, 
setting  down  on  the  cape  bearings  where  I  struck,  four  and  a  quarter  fathoms,  and 


:  Lieut.  Howison's  spelling  of  Willamette  in  his  report. 


^TV'K 


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PROVISIONAL    GOVERNMENT. 


245 


there  tiot  hehi^  accoydhiff  to  that  chart,  a  spot  I  could  j^touiuI  upon  in  less  than  two- 
thirds  of  a  mile  from  us.  Lest  I  should  not  find  time  to  write  Messrs.  Ogden  and 
Douj^las  a  line,  please  send  them  a  copy  of  that  jjortion  of  the  findinjj  of  the  court 
concerning  their  kindness  to  us  which  is  annexed. 

I  hope  you  )^ot  my  letters  by  the  Toulon,  includinj^  a  paper  couta'  iig  the 
boundary  convention.  Although  I  have  been  obliged  to  represent  the  navigation 
of  your  river  as  it  really  is,  very  dangerous  and  uncertain,  I  shall  not  fail  to  inform 
the  (iovernment  how  greatly  these  disadvantages  will  be  diminished  by  the  intro- 
duction of  the  same  aids  which  other  such  entrances  throughout  the  w(jrld  arc 
furnished  with. 

The  little  I  have  seen  of  California,  has  served  only  to  elevate  my  opinion  of 
your  charming  country  ;  for  certainly  it  is  more  proper  to  contrast,  than  compare 
anything  hereabouts  with  the  Willamette  valley.  Gen.  Kearney  is  so  disposing 
his  forces — volunteers  and  regulars — as  to  ensure  the  peace  of  this  country,  but 
our  latest  advices  from  Ivasteru  Mexico,  give  no  groutids  to  hope  for  a  speedy  pac- 
ification in  that  quarter.  After  the  Savannah's  departure  hence,  we  shall  still  have 
an  S6  gun  ship,  the  Colntnhus,  two  heavy  frigates,  four  sloops-of-war,  and  two 
transport  ships,  to  lay  in  the  ports  and  along  this  western  coast,  and  defend  our 
population  from  impertinent  interposition  by  water. 

The  middle  of  July  will  see  me  at  Washington,  and  if  an  opportunity  presents 
so  late  in  the  season,  I  will  communicate  all  I  can  learn  interesting  to  j-ou  and 
your  friends  in  Oregon.  Gen.  Kearney  will  return  overland  by  September  next. 
With  him  I  have  had  a  great  deal  of  conversation  about  Oregon,  and  he  tells  me 
his  influence  will  be  exerted  to  induce  speedy  action  in  and  attention  to  its  inter- 
ests on  the  part  of  the  General  Cjovernment. 

With  respects  to  all  my  friends,  and  particlar  regards  to  your  lady  and  family. 
I  remain  dear  sir, 


C>- 


George  Abernethy,  Esq. 

Oregon  City. 


Extracts. 
"  And  it  appears  further  to  the  court,  that  the  timely  and  needful  supply  of 
provisions,  etc.,  which  were  so  promptly  furnished  to  the  wrecked  officers  and 
men  of  the  Shark,  by  Captain  Baillie,  of  H.  M.  vS.  Modeste,  and  the  Hudson's  Bay 
Company,  contributed  nmch  to  their  relief  and  comfort,  and  was  praiseworthy  in 
the  highest  degree."  E.  A.   F.  LAVALLETTE,' 

Wm.  W.  Russell.  Lt.  Marines.  President. 

Judf^e  Advocate. 


Extract  from  a  letter  from  the  Commander-in-chief  to  Lieut.  Comd'g,  Neil  'SI. 
Howison  : 

"  I  will  add  that  from  my  previous  knowledge  of  your  character  as  an  officer, 
1  was  quite  sure  that  the  inquiry  would,  as  it  has,  result  in  entirely  exonerating 
you  from  any  blame  whatever."        Very  respectfully,  your  most  obedient, 

(Signed.)  JAMES  BIDDLE. 


I .  ii 


!  !  ':| 


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1846 


■! 


■)  '■  ! 


To  show  that  the  Hudson's  Bay  Coinpatiy  considered  the  north  side 
of  the  Columbia  as  British  territory,  and  that  they  were  actinj;^  ai^cnts 
for  that  Goverinnent,  the  following  letter  was  written  after  the  Slinrk 
had  left  Fort  Vancouver,  and  three  days  before  she  was  wreckt-d.  It 
most  undeniably  makes  false  accusations  against  the  officers  of  the  un- 
fortunate schooner,  although  lyieutenant  Howison  is  given  a  left-handed 
compliment : 

I'ORT  Vancouver,  .September  7,  1S46. 
y.  A.  Duntze.  Captain  of  H.  M,  S.  Fisguard — 

vSiR  ;  vSince  we  had  the  pleasure  of  addreating  you  on  the  irtli  ult.,  this  set- 
tlement has  not  been  disturbed.  A  great  many  of  the  Americans  have  been  down 
from  the  Willamette  and  made  excuisions  into  the  country  around  this  place,  with 
a  view  to  discovering  eligible  situations  for  settlements,  but  have  committed  no 
overt  act  of  trespass  on  the  rights  of  tlie  prior  owners  of  the  laud.  The  Ameri- 
cans had  never  shown  any  predilection  for  settling  on  the  north  side  of  the  Columbia 
river  until  the  I'nited  States  schooner  Shark  arrived  at  this  port,  and  the  excitement 
among  them  having  greatly  abated  since  her  departure  from  here,  we  caun<it 
help  IhiiiUing  that  the  people  were  directly  or  indirectly  encouraged  by  the  officers 
of  that  vessel  to  encroach  upon  our  settlements.  This  was,  to  speak  of  it  in  the 
mildest  terms,  a  most  impudent  act  on  their  part,  which  cannot  do  any  good,  or 
add  one  iota  to  the  rights  of  the  United  States  ;  Imt  on  the  contrary  must  tend  to 
much  evil,  by  dragging  the  ignorant  and  over-excitable  population  of  the  country 
into  mischievous  courses.  We  bog  to  add,  iti  justice  to  Captain  Howison,  the  com- 
mander of  the  Shark,  that  he  evinced  much  concern  on  observing  the  lengths  to 
which  his  countrymen  were  disposed  to  carry  their  encroachments,  and  made  some 
exertions  to  put  a  stop  to  their  proceedings.  The  prevailing  opinion  among  Amer- 
icans now  appears  to  be,  that  Great  Britain  will  give  up  the  Columbia  and  accept 
the  49th  parallel  of  latitude  as  a  boundary,  and  moreover,  they  firmly  believe  that 
the  British  subjects  in  this  country  will  not  be  allowed  to  hold  lands  ihey  now  oc- 
cupy when  the  Government  of  the  United  Slates  comes  into  possession,  conse- 
quently each  and  all  arc  striving  to  establish  pre-emption  rights  on  our  settle- 
ments, in  hopes  of  coming  into  possession  the  moment  we  are,  according  to  their 
views,  obliged  to  surrender  them.  *         '^^  *  #         *         * 

We  remain  with  respect  your  obedient  servant. 

Signed  :  PKTb:R  SKKKN  OGDKN. 

JAMHS  DOUGLAvS. ' 

Lieutenant  Howison  in  his  report  (p.  20-1),  .speaking  of  the  Puget 
Sound  Agricultural  Company,  says  : 

The  Puget  vSound  Agricultural  Company  is  merely  a  nominal  affair,  being  only 
a  new  name  with  new  privileges,  under  which  the  capital  of  persons  belonging  to 
the  Hudson's  Bay  Company  is  turned  to  profit.  It  is  difficult  to  get  exactly  at  the 
true  relationship  between  it  and  the  other,  as  the  parties  who  manage  them  are 
the  same,  and  they  have  endeavored  to  make  them  appear  as  separate  interests. 
When,  therefore,  a  new  farm  is  taken  possession  of  stocked  and  put  under  culti- 
vation, or  a  fine  mill  is  erected  and  put  into  profitable  operation,  these  are  acts  and 
privileges  of  the  Agricultural  society  ;  but  when  the  products  of  these  establish- 

I  See  note  at  end  of  this  vear. 


^mm: 


1846 


TKO VISIONAL   GOVKKNMKNT. 


247 


tncnts  are  ready  for  market,  the  company  with  trading  privileges  take  them  in 
h.'iiid.  As  before  stated,  persons  wisliing  to  hold  land  under  the  Provisional  (k)v- 
cnimetit,  having  selected  the  same,  were  reijuired  to  mark  out  its  limits,  and  have 
it  recorded  by  a  person  selected  to  keep  a  book  of  all  snch  entries.  Land  thus 
marked  out  were  called  "claims,"  and  in  compliance  with  this  recpurement,  the 
Hudson's  Hay  Company  had  entered  all  their  landed  property  in  the  names  of 
their  officers  and  clerks  ;  they  have  omitted  no  means  or  forms  necessary  to  secure 
tliem  in  their  possessions.  Fort  Vancouver  is  surrounded  by  eighteen  Knglish 
"claims,"  viz. :  niiu;  miles  on  the  river  and  two  back;  and  besides  the  dwelling 
houses,  storehouses  and  shops  in  the  fort,  they  have  a  flour  mill  a  few  miles  up 
the  river,  and  above  that  again,  a  saw  mill.  The  Vancouver  grounds  are  princi- 
pally appropriated  to  grazing  cattle,  horses,  sheep  and  hogs.  On  the  Cowlitz  the 
company  has  a  large  wheat  growing  farm,  and  I  believe  these  are  the  only  land 
claims  they  have  below  the  mountains.  They  have,  besides,  a  post  on  the  Tmp- 
qua.  Around  their  posts  at  I'orts  Hall  and  Boise,  and  on  the  northern  branches  of 
the  river,  they  have  hitherto  enclosed  no  more  ground  than  was  necessary  for  gar- 
den purposes  ;  but  finding  themselves  confirmed  by  tteaty  in  their  hold  upon  prop- 
erty "  legally  ac(pnr'-d,"  God  knows  what  may  be  the  ex!  .at  of  their  claims  when 
a  definite  line  comc'i  to  be  drawn.  The  company  have  three  baniucs,  employed 
freighting  hence  to  England  and  back,  via  the  Sandwicli  Islands,  besides  a  schooner 
and  a  small  steamer  in  the  trade  of  the  northwest  coast.  They  supply  the  Russian 
establishment  at  Sitka  annually  vvUh  I5,cx)u  bushels  of  wheat,  and  sell  them  be- 
sides, I  am  told,  some  furs.  The  trade  in  this  latter  article  has  become  of  lale 
years  much  less  profitable  t'  an  formerly,  and  ii  is  said  to  have  so  far  dwindled  in 
amount  as  to  be  scarcely  wuith  pursuing  ;  but  as  no  statistical  reports  of  profits,  or 
extent  of  trade,  are  ever  published  by  the  company,  it  ia  not  possible  to  say  with 
accuracy  what  tliey  are  do  ng.  In  April,  1S46,  a  report  readied  Oahu  that  the 
company's  barcjue  Co'vlit::  had  after  leaving  the  Sandwich  Islands  for  England, 
been  run  awav  with  by  the  crew,  and  Mr.  Pelly,  the  company's  agent,  immediately 
issued  advertisements,  making  it  known,  and  calling  on  couimr  aders  of  ships  of 
war  to  intercept  her.  He  told  me  on  that  occasion  that  the  l)arque's  cargo  of  furs 
and  specie  (which  was  the  usual  annual  remittanct^  by  the  company)  amounted  to 
nearlv  ,/'2iio,(i(X)  sterlin^^  The  rumor  about  her  turned  out  to  have  originated  in  a 
mistaken  appreheii>ioii. 


The  above  .shows  the  object  of  the  English  Governraetit  in  not  set- 
tling the  boundary  ([tiestion,  and  in  carrying  otit  the  wishes  of  the 
Hudson's  Bay  Company,  for  jcjint  occupancy  from  1818  to  1S46,  being 
twenty-eight  years  ;  knowing  full  well  that  they  could,  as  they  did, 
dnee  out  all  opposition  in  the  fur  trade,  and  thus  ho^d  po.sse.ssion  of 
the  countr}'  until  they  had  stripped  the  same  of  all  fur-bearing  animals. 
This  they  did  at  the  rate  of  at  least  Si, 000, 000  annually,  amounting  at 
least  to  628,000,000.  Our  Government  cotild  have  well  afforded  to  have 
given  a  bonus  of  Si  0,000, 000  and  .settled  the  question  in  18  iS.  Then  to  cap 
the  climax,  our  Government  was  again  swindled  iu  the  treaty  of  1846, 
by  agreeing  to  ])ay  an  unknown  bill  to  that  greatest  of  frauds  and 
swindles,  the  Puget  Sound  Agricultural  Company,  to  the  tune  of 
$450,000  "on  account  of  the  possessory  rights  and  claims  of  the  Hud- 


iiiii^  i 


I 


248 


brown's  political  history. 


1846 


son's  Bay  Company  ;  and  on  account  of  the  possessory  rights  oi  the 
Puget  vSound  Agricultural  Company,  the  sum  of  §200,000;"  total 
$650,000.  A  nice  commentary  on  American  sagacity,  statesmanship 
and  diplom;icy. 

The  first  proposition  ever  made  in  Congress  for  the  occupation  and 
settlement  of  Oregon  was  made  in  1820-21,  by  Dr.  John  h'loyd,  a  re])- 
resentative  from  Virginia,  who  became  acc^uaiuted  in  Washington  with 
Ramsey  Crooks  and  Russell  Farnham,  who  had  both  been  out  to  the 
Pacific  coast,  and  boarded  at  che  same  hotel  with  Mr.  Floyd  and  Sena- 
tor Benton.  Mr.  Floyd  determined  to  bring  forward  the  question  of  the 
occupation  of  that,  to  him,  interesting  country  ;  and  moved  that  a 
select  committee  of  three  be  appointed  to  take  the  subject  into  consid- 
eration. He  was  appointed  chairman,  with  Thomas  Metcalf  of  Ken- 
tucky, and  T.  V.  Swearingen  of  West  Virginia  as  the  remaining  two 
of  the  committee.  It  was  generally  supposed  that  nothing  would  be 
done,  but  the  committee  introduced  a  bill  to  authorize  the  occupation 
of  the  Columbia  river,  and  to  regulate  trade  and  intercourse  with  the 
Indian  tribes  thereon,  and  at  the  same  time  su1)mitted  an  interesting  and 
elaborate  statistical  report  in  regard  to  the  fur  trade,  in  which  the  re- 
sources of  the  country,  etc.,  were  set  forth  with  clearness.  The  bill 
was  read  twice  and  referred  to  the  conunittee  of  the  whole,  and 
nothing  more  was  done  that  session  in  regard  to  the  matter,  but  a 
subject  hid  been  broached  that  was  destined  to  play  a  very  important 
part  in  political  affairs  at  different  periods  until  finally  settled  twent\'- 
five  years  afterwards.  At  the  next  session  Dr  Floyd  stated:  "The 
danger  of  a  contest  with  Great  Britain,  to  whom  we  had  admitted  a 
joint  possession,  and  who  had  already  taken  possession,  was  strongly 
suggested,  if  we  delayed  longer  our  own  occupation  ;  and  a  vigorous 
effort  of  policy,  and  perhaps  of  arms,  might  be  necessary  to  break  her 
hold  ;"  and  he  used  the  following  almost  prophetic  language  :  "  Mere 
adventurers  ma}-  enter  upon  it,  as  ^neas  entered  upon  the  Tiber,  and 
as  our  forefathers  came  upon  the  Potomac,  the  Delaware  and  the  Hud- 
son, a  id  renew  the  phenomenon  of  individuals  laying  the  foundation 
of  a  future  empire." 

As  soon  as  Missouri  was  admitted,  Mr.  Benton,  one  of  her  first  sen- 
ators, came  to  the  relief  of  Dr.  Floyd,  and  in  some  remarks  said  ; 

I,  for  one,  had  as  lief  see  American  ministers  going  to  the  Emperors  o'  Ohiua 
and  Japan,  to  tlie  King  of  Persia,  and  even  to  the  Grand  Tnrk,  as  to  ■  tliu-m 
dancing  attendance  upon  these  European  legitimates  who  hold  everything,,  .'*  tneri- 
can  in  contempt  and  detestation. 


it 


■*llll<ll  J  1 


IS45 


PROVISIONAL,   GOVERNMENT. 


249 


'una 


Mr.  Jefferson,  whose  far-reaching,  philosophical  mind  assured  him 
that  as  the  Rocky  mountains  were  the  head  of  the  Missouri  river,  the 
other  side  of  them  must  necessarily  produce  a  stream  equally  as  large. 
To  determine  whether  that  stream  was  not  the  Columbia  wluch  Cap- 
tain Gray  had  discovered  was  one  of  his  grentest  desires.  Actuated 
bj  Uiis  motive,  soon  after  he  had  attained  the  position  of  Presid'Mit, 
he  urged  congress  to  organize  the  Lewis  and  Clarke  expedition,  which 
so  successfully  solved  the  problem,  and  proved  that  the  country  was  a 
n</cessity  to  our  Government  for  the  purpose  of  developing  our  com- 
merce with  the  Asiatic  nations,  furnishing  harbors  for  our  whalers, 
merchantmen  and  men-of-war.  To  that  great  statesman  is  due,  in  a 
large  measu/e  the  ownership  of  an  extensive  country  that  within  a  cer.- 
tury  of  his  time  will  be  the  home  of  millions  of  people,  living  und^r 
the  Government  he  helped  to  found.  Strange  as  it  may  seem  the  oc- 
cupation of  Oregon  was  not  again  reverted  to  until  1828,  a  period  of 
seven  years. 

By  the  terms  of  a  treaty  signed  at  London,  1818,  a  j  jint  occupancy 
was  agreed  to  by  Messrs.  Gallatin  and  Rush,  the  American  negotiators. 
"That  any  country  claimetl  by  either  party  on  the  northwest  coast  of 
America,  together  with  its  harbors,  bays  and  creeks,  and  the  naviga- 
tion of  all  rivers  within  tlie.  ;ai)  e,  be  free  and  open  for  the  term  of  ten 
years,  to  the  subjects,  citizerib  and  vessels  of  the  two  powers,  without 
prejudice  to  any  cla'iu  which  either  party  might  have  to  any  part  of 
he  country.'"  By  the  terms  of  the  above,  it  will  be  noticed  that  our 
negotiations  virtually  admit  that  Great  Britain  had  some  claim  to  the 
country  south  of  the  49°  30'  north  latitude  ;  but  upon  what  grounds  it 
is  impossible  to  conjecture,  as  the  United  States  had  purchased  all  the 
domain  claimed  by  France  and  Spain.  Captain  Gray  had  discovered, 
entered  and  named  the  Columbia  in  1792,  and  Captains  Lewis  and 
Clarke  had  discovered  the  head  of  the  same  stream  and  traced  it  to  the 
ocean,  there  meeting  the  discoveries  of  Captain  Gray.  1805.  Still,  in 
tiie  face  of  all  this,  they  allowed  a  joint  occupancy,  virtually  shutting 
out  the  Americans,  as  the  country  was  even  ;it  that  time  in  the  hands 
of  Great  Britain  through  the  powerful  Hudson's  Bay  Company.  They 
also  drove  out  the  Astor  colonists  and  other  Americans  who  entered 
their  own  country  to  trade  for  furs  and  pelts.  So  fletermined  was  the 
Hudson's  Bay  Company  to  control  the  country,  that  up  to  1S28,  a  well 
authenticated  report  was  made  to  our  Government  thac  not  less  than 

I  President  Monroe  statefl  "that  his  instructions  had  not  authorized  this  arrangement  (which, 
in  fact,  the  commissioners  intimated  in  their  correspondence),  an<l  only  after  much  hesitation  pre- 
vailed on  himself  to  send  it  to  Hit-  Senate."     Thiity  Years  View.  Vol.  II,  p.  4(19. 


2  so 


bro^/n's  political  history. 


1846 


2s  til 


[I 

ii 


five  hundred  of  our  citizens  had  been  killed,  and  not  less  than  $500,000 
worth  of  goods  and  furs  had  been  robbed  of  them.  In  1828,  the  ten 
years  joint  occupanc}'  expired  by  limitation,  but  was  unwiseljTenewed 
indefinitely,  with  the  proviso  that  after  one  year's  notice,  it  could  be 
annulled  and  a  new  treaty  entered  into.  To  this  treaty  Senator  Ben- 
ton was  strenuously  opposed,  and  filed  the  following  in  the  executive 
journal  of  the  senate  for  future  reference.^ 

r.  That  it  is  not  expedient  for  the  United  States  and  Great  Britain  to  treat 
further  in  relation  to  their  claims  on  the  northwest  coast  of  xVnicrica,  on  the  basis 
of  a  joint  occupation  by  their  respective  citizens. 

2.  That  it  is  expedient  that  the  joint  occupation  article  in  the  convention  of 
1818  be  allowed  to  expire  upon  its  own  limitation. 

3.  That  it  is  expedient  for  the  Government  of  the  United  States  to  continue 
to  treat  with  His  Britannic  Majesty  in  relation  to  said  claim,  on  the  basis  of  a  sep- 
aration of  interests,  and  the  establishment  of  a  permanent  boundary  between  their 
dominions  westward  of  the  Rocky  mountains,  in  the  shortest  possible  time. 

These  resolutions  were  not  voted  upon,  btit  the  treaty  was  ratified 
with  onl}^  seven  votes  in  the  negative,  so  Oregon  again  was  handed 
over  to  the  Hudson's  Bay  Compan}'  indefinitely.  The  discu.ssion  in 
the  Senate  attracted  the  attention  of  the  people,  especially  in  the  West- 
ern states,  and  the  subject  grew  in  interest  until  the  .state  legislatures 
of  Indiana,  Illinois,  Michigan  and  Missouri  passed  resolutions  from 
time  to  time,  instructing  their  senators  and  represt-iraitives  to  tirge  the 
General  Government  to  take  action  for  an  immediate  change  in  the 
treat}',  and  give  to  our  possessions  in  Oregon  both  civil  and  military 
authoritj'.  The  reports  of  traders  and  .scientific  men  who  had  visited 
that  cotmtry  were  well  calculated  to  keep  up  the  excitement  uritil  1836, 
when  the  Reverend  Lee  and  other  missionaries  went  to  Oregon,  and 
reported  its  desirableness  as  a  country'  to  make  a  home  in. 

In  1842,  lyord  Ashburton  negotiated  a  treaty  with  the  United  States 
in  which  our  Government  was  again  badly  outwitted  in  regard  to  the 
national  boutidary  between  the  state  of  Maine  and  Canada.  In  regard 
to  the  Oregon  question  his  lord.ship  requested  that  the  matter  be  set 
aside  and  the  following  is  from  the  l^resident's  message  on  that  subject : 

.\fter  sundry  informal  communications  \Vith  the  Hritish  minister  ujjon  the  sub- 
ject of  the  claims  of  the  two  countricH  to  tctriiory  west  of  the  Rocky  mountains, 
so  little  probability  was  found  to  exist  of  comini;  to  an  aj^rcement  on  that  subject 
at  present,  that  it  was  not  thought  expedient  to  make  it  one  of  the  subjects  of 
formal  net^otiation,  to  be  entered  upon  between  this  Government  and  the  Uritish 
nrnister,  as  a  part  of  his  duties  under  his  special  mission. 

When  this  treaty  was  published,  it  created  great  excitement,  and 

2  Thirty  Year's  View.  Vol.  I,  p.  iii. 


wm 


1846 


PROVISIONAL    GOVERNMKNT. 


■5^ 


Mr.  Tyler  was  reminded  that  Mr.  Monroe's  administration  had  asserted 
that  all  foreigners  were  excluded  from  settling  or  ct)lonizing  Oregon, 
while  it  was  then  well  known  that  permanent  improvements  were  be- 
ing made  by  British  subjects,  who  were  developing  commercial  inter- 
course with  the  Sandwich  Islands  and  other  foreign  governments. 
Another  one  of  Mr.  Tylei  s  blunders  was  the  recommendation  to  dis- 
courage emigration  to  Oregon,  by  withholding  land  from  the  settlers 
until  the  two  governments  had  made  a  treaty.  The  western  people 
had  comiuenced  to  cross  the  plains  since  1.S3S,  and  the  number  grew 
yearly  until  1842,  when  there  were  so  many  leaving  for  the  Pacific  that 
it  attracted  universal  attention,  and  the  presidential  campaign  cry  of 
"  ^1-40  or  fight,"  was  being  carried  out  spontaneously  without  regard 
tc  Fn  sident  Tyler's  wishes  or  non-encouragement. 

Early  in  the  session  of  Congress,  1842,  Senator  lyinn,  of  Missouri, 
f  introduced  a  bill  to  afford  protection  while  traversing  the  plains  and 

after  arrival  in  Oregon,  also  giving  all  a  liberal  grant  of  land;  also  ap- 
pointing civil  officers  to  maintain  order  under  the  laws  of  the  territory 
of  Iowa,  which  were  to  be  extended  to  the  Pacific  coast.  As  England 
had  authorized  justices  of  the  peace  to  officiate  under  an  act  of  Parlia- 
ment, it  was  claimed  that  Congress  could  do  the  same,  especially  asall 
the  country  south  of  49°  was  owned  b}-  the  United  States.  This  bill 
met  with  bitter  opposition,  especially  from  Senators  Calhoun  and 
McDuffie,  both  of  South  Carolina,  among  other  things  was  said  : 

For  whose  l)eiiefit  are  we  boutul  to  pass  this  bill  ?  Who  arc  to  go  there  along 
the  line  of  military  posts  and  take  possession  of  the  only  part  of  the  territory  lit 
to  occupy — that  part  lying  upon  the  sea  coast,  a  strip  of  less  than  one  hundred 
miles  wide;  for,  as  I  have  already  stated,  the  restof  the  territory  consists  of  mount- 
ains almost  inaccessible,  and  low  lands  which  are  covered  with  stone  and  volcanic 
remains,  where  rain  never  falls  except  during  the  spring  ;  and  even  011  the  coast  no 
rain  falls  from  April  to  October,  and  for  the  remainder  of  the  year  there  is  nothing 
but  rain.  Why,  sir,  of  what  use  will  this  be  for  agricultural  purposes?  I  would 
not  for  that  purpose  give  a  pinch  of  snufF  for  the  whole  territory.  I  wish  to  God 
we  did  not  own  it.  I  wish  it  was  an  impassable  barrier  to  secure  us  from  the  in- 
trusion of  others.  This  is  the  character  of  the  country.  Who  are  we  going  to 
send  there?  Do  you  think  your  honest  farmers  iti  Pemisylvania,  New  York,  or 
even  in  Ohio  and  Missouri,  will  abandon  their  farms  to  go  upon  an>'  such  enter- 
prise as  this?  God  forbid  !  I  f  any  man  is  to  go  to  that  country  under  the  temptation 
of  this  bill. 

He  further  said  that  if  he  had  a  .son  who  was  a  fit  subject  for  Bot- 
any Bay,  he  would  urge  him  to  go.  He  also  said  that  "  Great  Britain 
would  resist  our  encroachment  with  war."  Still  this  country  was 
worth  nothing,  this  is  strange,  but  a:i  consistent  an  argument  as  would 
be  expected  from  those  who  knew  nothing  about  the  matter,  and  were 


1)   • 


252 


brown's  political  history. 


1846 


determined,  and  did  do  all  in  their  power  to  give  the  country  over  to 
British  power.  To  the  southern  senators  Mr.  Linn  replied,  that  it  was 
strange  that  England  insisted  on  claiming  and  holding  the  country  if 
it  was  not  worth  anything,  and  stated  that  the  country  was  valuable, 
and  "she  knew  well  its  soil,  climace,  and  physical  resources,  and  per- 
fectly comprehends  its  commercial  and  geographical  importance.  And 
knowing  all  this,  she  is  ready  to  sink  all  sense  of  justice,  stifle  all  re- 
spect for  our  clear  title,  so  as  to  secure  the  strong,  even  where  most 
wrongful  title  of  possession." 

One  of  the  reasons  urged  by  Mr.  Calhoun,  was  that  the  great  ex- 
pense that  must  be  incurred  and  the  distance  from  civilization,  and 
urged  that  time  might  be  taken  to  find  out  more  about  the  countr}'. 
After  several  days  debate,  the  bill  passed,  yeas,  24  ;  nays,  22. 

"  The  bill  went  to  the  House,  where  it  remained  unacted  upon  during  the  ses- 
sion ;  but  the  effect  intended  bv  it  was  fully  produced.  The  vote  of  the  Senate 
was  sufficient  encouragemeut  to  the  enterprising  people  of  the  West.  Emigration 
increased.  An  American  settlement  grew  up  at  the  mouth  of  the  Columbia.  Cou- 
veutional  agreements  among  themselves  answered  the  purpo.-e  of  laws."  Mr. 
Benton  further  says  :  "  The  great  event  of  carrying  the  Anglo-Saxon  race  to  the 
shores  of  the  Pacific  ocean,  and  planting  the  race  firmly  on  that  sea,  took  place  at 
this  time,  beginning  in  1S42,  and  larj^ely  increasing  in  1843.  It  was  not  an  act  of 
the  Government,  leading  the  people  and  protecting  them  ;  but  like  all  other  great 
emigrations  and  settlements  of  that  race  on  our  continent,  it  was  the  act  of  the 
people,  going  forward  without  Government  aid  or  countenance,  establishing  their 
possession,  and  compelling  the  Government  to  follow  with  its  shield  and  spread 
it  over  them.  "^ 

The  Democratic  National  Convention  in  1844,  incorporated  in  its 
platform  the  cry  of  "54-40,  or  fight!"  for  political  effect,  and  nineteen- 
twentieths  of  the  people  really  ihottght  that  that  party  wottld  insist  on 
the  just  claims  of  the  United  States  line  of  pos.session  on  the  Pacific 
northwest  coast ;  and  when  President  Polk  after  his  election  on  that 
is.-iue,  finally  accepted  the  line  of  49°  north  latitude,  a  great  howl  was 
raised  all  over  the  land,  even  someof  the  leading  Senators  joining  in  the 
chorus.  Senator  Benton  who  probably  was  the  best  posted  man  in  the 
United  States  on  that  subject,  gives  the  following  history  of  our  claim 
and  thows  a  clearer  light  than  anyone  on  the  subject.  The  following  is 
quoted  from  his  great  speech  on  the  organization  of  the  Territorial  (xov- 
ernment  of  Oregon,  as  written  in  his  Tliirty  Years  View  : 

"  It  has  been  assumed  for  two  years,  and  the  assumption  has  been  made  the 
cause  of  all  the  Oregon  excitement  of  the  country,  that  we  have  a  dividing  line 
with  Russia,  made  so  by  the  convention  of  1S24,  along  the  parallel  of  54°  40',  from 
the  sea  to  the  Rocky  mountains  up  to  which  our  title  is  good.     This  is  a  great  mis- 


I  Itentoti's  Thirty  Years  View,  Vol.  2,  p.  468. 


r/uifi&tt4 


'M/tj'mri:'"X"m'y^:^Mi!' 


1846 


1846 


PROVISIONAL    GOVERNMENT. 


253- 


take.  No  such  line  was  ever  established  ;  and  so  far  as  proposed  and  discussed,  it 
was  proposed  and  discussed  as  a  nortliern  British,  and  not  as  a  northern  American 
line.  The  public  treaties  will  prove  there  is  no  such  line  ;  documents  will  prove 
that,  so  far  as  54°  40',  from  the  sea  to  the  mountains,  was  ever  proposed  as  a  north- 
ern boundary  for  any  Power,  it  was  proposed  by  us  for  the  British,  and  not  for 
oui selves.  To  make  myself  intelligible  in  what  I  shall  say  on  this  point,  it  is  nec- 
essarj'  to  go  back  to  the  epoch  of  the  Russian  convention  of  1824,  and  to  call  to  re- 
collection the  circumstances  out  of  which  that  convention  grew.  The  circum- 
stances were  these  :  In  the  year  182 1,  the  Emperor  Alexander,  acting  upon  a 
leading  idea  of  Russian  policy  (  in  relation  to  the  north  Pacific  ocean  )  from  the 
time  of  Peter  the  Great,  undertook  to  treat  that  ocean  as  a  closed  sea,  and  to  exer- 
cise nmnicipal  authority  over  a  great  extent  of  its  shores  and  waters.  In  Septem- 
ber of  that  year,  the  Emperor  issued  a  decree,  bottomed  upon  this  pretension,  as- 
suming exclusive  .sovereignty  and  jurisdiction  over  both  shores  of  the  north  P.'icific 
ocean,  and  over  the  high  seas,  to  the  extent  of  one  hundred  Italian  miles,  from 
Behring's  Straits  down  to  latitude  fifty-one,  on  the  American  coast,  and  to  forty- 
five  on  the  Asiatic  ;  and  denouncing  the  penalties  of  confiscation  upon  all  ships  of 
whatsoever  nation,  that  should  approach  the  coasts  within  the  interdicted  distances. 
This  was  a  very  startling  decree.  Coming  from  a  feeble  nation,  it  would  have 
been  smiled  at ;  coming  from  Russia,  it  gave  uneasiness  to  all  nations. 

Great  Britain  and  the  United  States,  as  having  the  largest  commerce  in  the 
north  Pacific  ocean,  and  as  having  large  territorial  claims  on  the  northwest  coast 
of  America.,  were  the  first  to  take  alarm,  and  to  send  remonstrances  to  St.  Petersburg 
against  the  formidable  ukase.  They  found  themselves  suddenly  thrown  together, 
and  standing  side  by  side  in  this  new  and  portentous  contesi  with  Russia.  They 
remonstrated  in  concert,  and  here  the  wise  and  pacific  conduct  of  the  Emperor 
Alexander  displayed  itself  in  the  most  prompt  and  honorable  manner.  He  imme- 
diately suspended  the  ukase  (which,  in  fact,  had  remained  without  execution) 
and  invited  the  United  States  and  Great  Britain  to  unite  with  Russia  in  a  conven- 
tion to  settle  amicably,  and  in  a  spirit  of  mutual  convenience,  all  tbc  questions 
between  them,  and  especially  their  respective  territorial  claims  on  the  northwest 
coast  of  America.  This  magnanimous  proposition  was  immediately  met  b)  the 
Powers  in  a  corresponding  spirit ;  and,  the  ukase  being  voluntarily  relinquished 
by  the  Emperor,  a  convention  was  quickly  signed  by  Russia  with  each  Power, 
settling,  so  far  as  Russia  was  concerned,  with  each,  all  their  territorial  claims 
in  northwest  America. 

The  Emperor  Alexander  proposed  that  it  should  be  a  joint  convention  of  the 
three  Powers — a  tripartite  convention — settling  the  claims  of  each  and  all  at  the 
same  time;  and  if  tlriK  wise  suggestion  had  been  followed,  all  of  the  subsequent 
and  all  of  the  present  difficulties  between  the  Unite  1  States  and  Great  Britain, 
with  respect  to  this  territory,  would  have  been  entirely  avoided.  But  it  was  not  to 
follow  ;  an  act  of  our  own  prevented  it.  .After  Great  Britain  had  comsented,  tla'e 
non-colonization  principli',  the  principle  of  non-oolumization  in  America  by  any 
European  Power — was  promalgated  by  our  GovermHent,  and  for  that  reason  Great 
Britain  chose  to  treat  separately  with  each  Power,  and  se  it  was  doans. 

Great  Britain  and  the  United  States  treated  sic^ratei'?  with  Itawin.  and  with 
each  other  :  and  em-h  came  to  airreements  with  Raaisia,  liantiEi  immk  ■iiiniig  them- 
selves. The  agreements  with  Russia  were  cQEOfeBBed  in  *j«b>  Gawsentions  signed 
nearly  at  tae  same  time,  and  nearly  in  the  sasR;  wot;^  IttEdarag  the  tenitoriail 
claim  of  Russia  to  54°  40',  comining  her  tu  caaos  atul  i^jotds,  aoAka^ng  tbc  coa- 


i' 


», 


§■] 


254 


brown's  political  history. 


1846 


tiuent  out  to  the  Rocky  mci'iitains,  to  iie  dividefl  V)ctwen  the  United  vStates  and 
Great  Britain,  by  an  agreement  I^et'vien  themselves. 

The  Emperor  finished  up  his  own  business  and  quit  t'le  concern.  In  fact,  ii 
would  seem,  from  the  promptitude,  moderation,  and  firmness  with  which  he  ad- 
justed all  differences  both  with  the  United  States  and  Great  Britain,  that  his  only 
object  in  issuing  the  alarming  ukase  of  182 1,  was  to  bring  those  Powers  to  a  set- 
tlement ;  acting  upon  the  homely,  but  wide  maxim,  "that  short  settlements  make 
long  friends  " 

Well,  there  is  no  such  line  as  54°  40';  and  that  would  seem  to  be  enough  to 
quiet  the  excitement  which  has  been  got  up  about  it.  I  set  out  with  saying  that 
although  this  fifty-four-forty  was  never  established  as  a  northern  boundary  for  the 
United  Slates,  yet  it  was  proposed  to  establish  as  a  northern  boundary,  not  for  us, 
but  for  Great  Britain — and  that  proposal  was  made  to  Great  Britain  by  ourselves. 
This  must  sound  like  a  strange  statement  in  the  ears  of  the  fifty-four-forties ;  but  it 
is  no  more  strange  than  true  ;  and  after  stating  these  facts,  I  mean  to  prove  them. 
The  plan  of  the  United  States  at  that  time  was  this  :  That  the  three  Powers  ^Great 
Britain,  Russia  and  the  United  States)  having  claims  on  the  northwest  coast  of 
America,  should  divide  the  country  between  them,  each  taking  a  third.  In  this 
plan  of  partition,  each  was  to  receive  a  share  of  the  continent  from  the  .sea  to  the 
Rocky  mountains,  Russia  taking  the  northern  slice,  the  United  States  the  southern 
aud  Great  Britain  the  center,  with  fifty-four-forty  for  her  northern  boundary  and 
tij/ty-nine  for  her  southern,         ■;*■** 

Russia  had  no  settlements  on  that  part  of  the  continent,  and  rejected  the  con- 
tinental share  which  we  offered  her.  She  limited  herself  to  the  coasts  and  islands 
where  she  had  settlements,  and  left  Great  Britain  and  the  United  States  to  share 
the  continent  between  theniNt'lves.  But  before  this  was  known,  we  had  proposed 
to  her  fifty-four-forty  for  the  Russian  southern  boundary,  and  to  Great  Britain  the 
same  for  her  northern  \  jundary  We  proposed  this  to  Great  Britain.  She  refused 
it,  saying  she  would  establish  her  northern  boundary  with  Russia,  who  was  on  her 
north,  and  not  with  the  United  States  who  was  on  her  south.  This  seemed  reason- 
able ;  and  the  United  States  then,  and  not  until  then,  relinquished  the  business  of 
pressing  fifty-four-forty  upon  Great  Britain  for  her  northern  boundary.  The  proof 
of  this  is  in  the  executive  documents.  *  *  *  British  statesmen,  do 
not  grow  so  fast  as  to  leave  all  knowledge  behind  them.  They  remember  Mr. 
Monroe  and  his  cal)inet — the  President  and  cabinet  who  acquired  the  Spanish  title 
under  w  hich  we  now  propose  to  squeeze  them  out  of  the  continent,  actually  offered 
them  six  degrees  of  latitude  in  that  very  place  ;  and  they  will  certainly  want  reasons 
for  so  much  compression  now,  when  we  offered  them  so  much  expansion  then. 
These  reasons  cannot  be  given.  There  is  no  boundary  at  54°  40' ;  and  so  far  as  we 
proposed  to  make  it  one,  it  was  for  the  British  and  not  for  ourselves  ;  and  so  ends 
this  redoubtable  line,  up  to  which  all  true  patriots  were  to  march. 

I  come  to  the  line  of  Utrecht,  the  existence  of  which  is  denied  upon  this  floor 
by  Senators  whose  fate  it  seems  to  be  to  assert  the  existence  of  a  line  that  is  not, 
and  to  denv  the  existence  of  one  that  is.  A  clerk  in  the  Department  of  .State  has 
compiled  a  volume  of  voyages  and  of  treaties,  and,  undertaking  to  set  the  world 
right,  has  denied  that  commissioners  pver  met  under  the  treaty  of  Utrecht,  and 
tixed  boundaries  between  the  British  northern  and  French  Canadian  possessions  in 
North  .\Dierica.  That  denial  has  been  pmduced  and  accredited  on  this  floor  by  a 
Senator  in  his  place  ,  Mr.  Cass  1  ;  and  tins  production  of  a  blundering  book,  with 
this  vScnatonal  endorsement  ■-•f  Us  blunder;  lays  me  under  the  necessity  of  correct 
ingathird  error  which  the  "  fifty-four-forties  "  hug  to  their  bosom,  and  the  correction 


■imp 


1846 


PROVISIONAL   GOVERNMENT. 


255 


of  which  becomes  necessary  for  the  vindication  of  history,  the  cstablishnicnl  of  a 
political  ri<;ht,  and  the  pi-otectiou  of  the  Senate  from  the  suspicion  o'  iyjnora'ice. 
I  affirm  that  the  line  was  established  ;  that  the  conunissiouers  met  and  did  their 
work  ;  and  what  they  did  has  been  acquiesced  in  by  all  the  Powers  iiilLTcsted  from 
the  year  1713  down  to  the  present  time. 

lu  the  year  1S05,  bein^  the  second  year  after  the  acquisition  of  Louisiana, 
President  Jefferson  sent  ministers  to  Madrid  (Messrs.  Monroe  and  Charles  Piiuk- 
neyl,  to  adjust  the  southern  and  southwestern  boundaries  with  her,  and  in  doing 
so,  the  principles  which  had  governed  the  settlement  of  the  northern  boundary  of 
t}ie  same  province  became  a  proper  illustration  of  their  ideas.  Tliey  quoted  these 
principles  and  gave  the  line  of  I'tre.ii  as  the  example;  and  this  to  Don  Pedro 
Cevallos,  one  of  the  most  accomplished  statesmen  of  Europe.  They  say  :  "  It  is 
believed  that  this  principle  has  been  admitted  and  acted  on  invariably  since  the 
discovers-  of  America,  in  respect  to  their  possessions  there,  by  all  European  powers. 
It  is  particularly  illustrated  by  the  stipulations  of  their  most  important  treaties 
concerning  those  possessions  and  the  practice  under  them,  viz.:  The  treaty  of 
Utrecht  in  1713,  and  that  of  Paris  in  1763.  In  conformity  with  the  tenth  article  of 
the  first-mentioned  treaty,  the  boundary  between  Canada  and  Louisiana  on  the  one 
side  and  the  Hudson's  Bay  and  Northwest  Company  on  the  other,  was  established 
by  commissioners,  by  a  line  to  commence  at  a  cape  orj  romontory  on  the  ocean,  in 
58°  31'  north  latitude,  to  run  thence,  southwesterly,  to  latitude  49°  north  from  the 
equator,  and  along  that  line  indefinitely  westward.  Since  that  time  no  attempt 
has  been  made  to  extend  the  limits  of  Louisiana  or  Canada  to  the  north  of  it,  by 
purchase,  conquest  or  grant  from  the  Indians."  This  is  what  the  Messrs.  Monroe 
and  Pinckuey  said  to  Don  Pedro  Cevallos — a  minister  who  must  be  supposed  to 
be  as  well  acquainted  with  the  treaties  which  settled  the  boundaries  of  the  late 
Spanish  provinces  of  Louisiana  as  we  are  with  the  boundaries  of  the  United  States. 
The  line  of  Utrecht,  and  in  the  very  words  which  carry  it  from  the  Lake  of  the 
Woods  to  the  Pacific  ocean,  and  which  confine  the  British  to  the  north,  and  the 
French  and  Spanish  to  the  south  cf  that  line,  are  quoted  to  Mr.  Cevallos  as  a  fact 
which  he  and  all  the  world  knew.  He  received  it  as  such,  and  thus  Spanish 
authority  comes  in  aid  of  British,  French  and  American,  to  vindicate  our  rights 
and  the  truth  of  history.  Another  contribution  which  I  have  is  an  extract  from 
the  journal  of  the  British  House  of  Commons,  March  5,  1714,  "  directing  a  writ  to 
be  issued  for  electing  a  Burgess  in  the  place  of  Fredrick  Heme,  Esq.,  who,  since 
his  election,  hath  accepted,"  as  the  journal  says,  'the  office  of  one  of  His  Majesty's 
commissioners  for  treating  with  commissioners  on  the  part  of  France  for  settling 
the  trade  between  Great  Britain  and  France."  The  entry  occurs  at  the  same  time 
with  respect  to  James  Murray,  Esq.,  and  Sir  Joseph  Martyn.  The  tenth  article  of 
the  treaty  of  Utrecht  applies  to  limits  in  Xorlh  America,  the  eleventh  and  fifteenth 
to  commerce.     Here  is  proof  that  three  were  appointed. 

One  more  piece  of  testimony  and  I  have  done.  We  all  know  that  in  one  of 
the  debates  which  took  place  in  the  British  House  of  Commons  on  the  Ashburton 
treaty,  and  after  that  treaty  was  ratified  and  past  recall,  mention  was  made  of  a 
certain  map  called  the  King's  map,  which  had  belonged  to  the  late  King  (George 
IIP  and  hung  in  his  library  daring  his  lifetime,  and  afterwards  in  the  I'oreign 
office,  from  which  said  otSce  said  map  silently  disappeared  about  the  time  of  the 
Ashburton  treaty,  and  which  was  certainly  not  before  our  Senate  at  the  time  of  the 
ratification  of  that  treaty.  Well,  the  member  who  mentioned  it  in  Parliament  said 
there  was  a  strung  red  line  upon  it  about  the  tenth  of  an  inch  wide,  running  all  along 
where  the  Americans  said  the  true  boundary  was,  with  these  words  written  along  it  in 


"■  i 


1  i 


'1 

i 
i 

1 

! 

1  ill 

1 

1 

1 

i 

H 


vi> 


■  :• 


1 1' 


256 


BROWN  S    POLITICAL    HISTORY. 


1846 


four  places  in  King  George's  hand  writing:  "This  is  Oswald's  line,"  meaning, 
it  is  the  line  of  the  treaty  of  peace  negotiated  by  Mr.  Oswald  on  the  Britisli  side, 
and  tlierefore  called  Oswald's  line. 

Now,  what  I  have  to  say,  is  this,  that  whenever  this  royal  map  shall  emerge 
from  its  retreat  and  resume  its  place  in  the  Foreign  office,  on  it  will  be  found  an- 
other strong  red  line,  about  the  tenth  of  an  inch  wide,  in  another  place,  with  these 
words  written  on  it :  "Boundaiies  between  the  British  and  French  possessions  in 
America  as 7?.t'«/ d'j'  i/ie  treaty  of  Utrecht.^'  To  complete  this  last  and  crowning 
piece  of  testimony,  I  have  to  add  that  the  evidence  is  in  the  Department  of  State, 
as  is  nearly  the  whole  oi  pie-poudre  insurrection — "■this  puddle-lane  rebellion'''' — 
against  the  truth  and  majesty  of  history,  which,  beghining  with  a  clerk  in  the  De- 
partment of  vState,  spread  to  all  the  organs,  big  and  little,  then  reached  the  Senate 
of  the  United  States,  held  divided  empire  in  this  chamber  for  four  months,  and 
now  dies  the  death  of  the  ridiculous.  1  *  *  *  Well  let  us  proceed  a  little 
further  with  the  documents  of  1823,  and  see  what  the  men  of  that  day — President 
Monroe  and  his  cabinet — the  men  who  made  the  treaty  with  vSpain,  by  which  we 
became  the  masters  of  this  large  domain  ;  let  us  proceed  a  little  further,  and  see 
what  they  thought  of  the  title  up  to  lifty-four-forty.  I  read  from  the  same  docu- 
ment of  1823:  Mr,  Adams  to  Mr.  Middleton,  July  22,  1823 — "The  right  of  the 
United  States  from  the  forty-second  to  the  forty-ninth  parallel  of  latitude  on  the 
Pacific  ocean,  we  consider  as  unquestionable,  being  founded,  first,  on  the  acquisi- 
tion by  the  treaty  of  February  22,  1819,  of  all  the  rights  of  Spain  ;  second,  by  the 
discovery  of  the  Columbia  river — first  from  the  sea  at  its  mouth,  and  then  by  land 
by  Lewis  and  Clarke  ;  and  third,  by  the  settlement  at  its  mouth  in  181 1.  This 
territory  is  to  the  United  States  of  an  importance  which  no  possession  in  North 
America  can  be  of  to  any  European  nation,  not  only  as  it  is,  but  the  continuity  of 
their  possessions  from  the  Atlantic  to  the  Pacific  oceans,  but  as  it  offers  their  in- 
habitants the  means  of  establishing  hereafter  water  communication  from  one  to 
the  other.  From  42°  to  49°  is  here  laid  down  by  Mr.  Monroe  and  his  cabinet  as 
the  extent  of  our  unquestioned  title,  and  on  these  boundaries  they  were  ready  to 
settle  the  question.  *         *         Six  times  Mr.  Monroe  and  his  cabinet  re- 

nounced Frazer  river  and  its  valley,  and  left  it  to  the  British.  They  did  so  on 
the  intelligent  principle  that  the  British  had  discovered  it,  and  settled  it,  and  were 
in  actual  possession  of  it  when  we  got  the  Spanish  claim,  which  claim  Spain 
never  made.  Upon  this  principle  New  Caledonia  was  left  to  the  Brithish  in  1823. 
*  *  *  INIr.  Gallatin  and  Mr.  Ru.sh  offered  the  same  line  as  being  a  con- 
tinuation of  the  line  of  Utrecht  (describing  it  by  that  name  in  their  dispatch  of 
October  20,  1818),  and  so  covering  the  valley  of  the  Columbia  river,  to  which  they 
alleged  our  title  to  be  indisputable.  Mr.  Jefferson  had  offered  the  same  line  in 
1807.  All  these  offers  leave  Frazer's  river  and  its  valley  to  the  Britisli,  because 
they  discovered  and  settled  it,  and  all  these  offers  hold  on  to  the  Columbia  river  and 
valley  because  we  discovered  and  settled  it,  and  all  these  offers  let  the  principle  of 
contiguity  or  continuity  work  equally  on  the  British  as  on  the  .American  side  of  the 
line  of  Utrecht.  For  my  part,  I  thought  they  were  right  then,  and  think  so  now.  I 
was  Senator  then ,  as  I  am  now.  I  thought  with  them  that  New  Caledonia  belonged 
to  the  British,  and  thinking  so  still,  and  acting  upon  the  first  half  of  the  great 
maxim — ask  nothing  but  what  is  right — I  shall  not  ask  them  for  it,  much  less 
fight  them  for  it  now. 

I  since  the  delivery  of  this  sppech  a  copy  of  a  paragraph  of  a  dispatch  fruiii  Mr.'Kdward  Ev- 
erett, United  states  minister  in  London,  dated  Marcl  31st,  1S43,  has  been  obtained,  givinjj  an  ac- 
count of  this  map,  as  shown  to  him  by  I^ord  Aberdeen,  containing  the  two  red  lines  upon  it,  one  of 
o\ir  northeast  boundary,  called  "Oswald's  line,"  the  other  for  the  northwest,  called  the  line  of  the 
"treaty  of  Utrecht." 


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1X46 


PROVISIONAL  (;«)Vi-;rnmknt. 


257 


great 
:h  less 


ADVIClC  01'  TIIIv  SlvXATK  .\SKI':i)— TRi;.\TV  MADH  AND  RATIKIE!^. 

TIk'  pressure  l)ecame  so  great  upon  I'rcsiflenl  Polk,  unci  Congress 
after  the  eleetion  ])ecause  of  one  of  the  planks  in  the  Democratic  plal- 
fonn,  of  "  54-40  or  fight,"  and  the  heavy  iminigration  to  Oregon,  that 
it  became  al);H)lntely  necx'ssary  that  notice  should  be  given  to  (ireat 
Ih-itain  of  the  desire  on  the  part  ol'  the  United  States  to  obtain  an  ab- 
rogation of  the  articles  of  the  convention  of  iSlS  and  1S27. 

A  resolution  lor  that  purpose  was  introduced  in  the  House,  and 
after  being  debated  for  several  days  passed  by  ;i  vote  of  154  to  54,  and 
was  sent  to  the  vSeuate  where  an  amendment  was  offered  bj-  Senator 
Reverdy  Johnson  which  went  "  to  show  that  amicable  settlement  of  the 
title  by  negotiation  was  the  object  in  view,  and  intended  to  be  promo- 
ted by  a  separation  of  interests  between  the  parties."  This  passed  by 
a  vote  of  40  to  14,  and  returned  to  the  I Icnise  where  it  passed  as  amend- 
ed by  an  increased  majoritj*. 

Mr.  Benton  says  his  Thirty  Years  View,  volume  2,  page  674, 
"  the  President  acted  at  once  upon  the  discretion  which  was  given  him 
— caused  the  notice  for  the  abrogation  of  the  joint  occupancy  article  to 
be  immediately  given  to  the  British  Government^ — and  urged  Congress 
to  the  adoption  of  the  measures  which  were  necessary  for  the  protec- 
tion of  the  American  citizens  who  had  gone  to  the  territorj'.  The 
news  of  the  broken  off  negotiations  was  received  with  regret  in  Great 
Britain.  vSir  Robert  Peel,  with  the  frankness  and  integrity  which  con- 
stiute  the  patriotic  statesman,  openly  expressed  his  regret  in  Parliament 
that  the  offer  of  49°,  when  made  by  tlie  American  Government  had  not 
been  accepted  by  the  British  Government,  and  it  was  evident  that  ne- 
gotiations would  be  renewed.  So  they  were,  and  in  a  waj^  to  induce  a 
specd\'  conclusion  of  the  question — being  no  less  than  a  fair  and  open 
oi'fer  on  the  side  of  the  British  to  accept  the  line  we  had  offered." 

Mr.  Pakenham,  the  British  Minister  offered  the  line  of  49°  of  north 
latitude,  and  it  was  not  a  case  of  delay.  It  must  be  accepted  or  reject- 
ed immediately  ;  but  it  placed  President  Polk  and  his  administration 
in  a  quandary,  as  he  had  been  elected  on  the  "54-40"  issue,  although 
he  and  his  Secretary  of  State,  James  Buchanan,  well  knew  that  the  49 
line  was  the  oid}'  one  that  could  possibly  be  obtained  by  our  Govern- 
ment. 

The  President  took  advice  of  vSenator  Benton,  who  advised  him  to 
treat  on  the  49  line  and  he  would  obtain  the  co-operation  of  the  Whig 
Senatoi's,  who,  with  the  conservative  Democratic  mend)ers,  would  in- 
sure the   requisite  two-thirds  majority.     This  was  assured,   and  the 


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258 


brown's  political  history, 


I S46 


President  then  (luterniined  to  throw  all  the  responsil)ility  on  the  Senate 
and  sent  the  project  of  the  treat}'  and  asked  their  ad\'ice  which  he  de- 
sired. 

But  the  President,  to  show  consistency  to  the  Baltimore  convention 
while  throwint;  the  responsibility  on  the  Senate,  further  said  :  "  My 
opinions  and  my  action  on  the  Orep;on  ((uestion  was  fully  made  known 
to  Congress  iii  my  aninnl  message  of  the  second  of  December  last  ;  and 
the  opinions  therein  expressed  remaiti  unchanged." 

It  will  be  seen  that  the  Kxecutive  had  thrown  the  whole  responsi- 
bility on  the  vSenate,  and  he  well  knew  that  over  two-thirds  (  as  the 
fact  had  been  ascertained  before}  the  Senate  were  in  favor  of  settling 
the  question  on  the  49th  degree  of  north  latitude. 

There  was  a  bitter  struggle  by  the  friends  of  his  cabinet  and  the 
fifty-four-fortyites  against  the  President,  and  all  the  dilatory  tactics  that 
possibly  could  be  conceived  were  made,  as  the  proceedings  show,  to  de- 
feat the  application  of  ad\-ice  so  as  to  throw  it  back  upon  him,  where 
the  responsibility  they  claimed  rightfully  belonged,  but  the  Senate  ac- 
cepted the  responsibility  ])y  a  vote  of  38  to  12. 

The  following  is  the  President's  message  and  Senate  proceedings  : 


IN  SENATE  OF  THE  UNITED  STATES. 


Executive  proceedings,  correspondence  and  documents,  relating;  to  Oregon,  from 

which  the  injunction  of  secrecy  has  been  removed. 

Wednksdav,  Junk  10,   1846. 

The  following  message  was  received  from  tl'e  President  of  the  United  States, 
by  Mr.  Walker,  his  secretary  : 
To  the  Senate  of  the  United  States  : 

I  lay  before  the  .Senate  a  proposal,  in  the  form  of  a  convention,  presented  to  the 
Secretary  of  State  on  the  sixth  instant,  by  the  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  Her  Britannic  Majesty,  for  the  adjustment  of  the  Oregon  ques- 
tion, together  with  a  protocol  of  this  proceeding.  I  submit  this  proposal  to  the 
consideration  of  the  Senate,  and  request  their  advice  as  to  action  which,  in  their 
judgment,  it  may  be  proper  to  take  in  reference  to  it. 

In  the  early  periods  of  the  Goverinncul,  the  opinion  and  advice  of  the  Senate 
were  often  taken  in  advance  upon  important  questions  of  our  foreign  policy.  Gen- 
eral Washington  repeatedly  consulted  the  Senate,  and  asked  their  previous  advice 
upon  pending  negotiations  with  foreign  Powers;  and  the  .Senate  in  every  instance 
responded  to  his  call  by  giving  their  advice,  to  which  he  always  conformed  his 
action.  This  practice,  though  rarclv  resorted  to  in  latter  times,  was,  in  my  judj?- 
ment,  eminently  wise,  and  may,  on  occasions  of  great  importance,  be  properly  re- 
vived. The  Senate  are  a  branch  of  the  treaty-making  power  ;  and,  by  consulting 
them  in  advance  of  his  own  action  upon  important  measures  of  foreign  policy 
which  may  ultimately  come  before  them  for  their  consideration,   the  President  sc- 


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1846 


PROVISIONAL   GOVERNMENT. 


259 


cures  harmony  of  action  between  that  l)0(ly  and  himself.  The  Senate  are,  more- 
over, a  branch  of  the  war  nuikin;.^  power,  ami  it  may  be  eniinenlly  i)r<>pcr  for  the 
Executive  to  take  the  opinion  and  advice  of  that  body  in  advance  upon  any  j^rcat 
(juestion  which  may  involve  in  its  decision  the  issue  of  peace  or  war.  On  the 
present  occasion  the  maj^Miitude  of  the  subject  would  induce  me,  under  any  circum- 
stances, to  desire  the  previous  advice  of  the  Senate  ;  and  that  desire  is  increased  by 
the  recent  debates  and  procecdinj^s  in  Coni^ress,  which  render  it,  in  my  judgment, 
not  only  respectful  to  the  .Senate,  but  necessary  and  proper,  if  not  indispen.sable, 
to  insure  harmonious  action  between  that  body  and  ihc  Iv.'cecutivc.  In  confcrrinjj; 
on  the  Kxecutive  the  authority  to  give  the  notice  for  the  abrogation  (  f  ilie  conven- 
tion of  1827,  the  Senate  acted  publicly  so  large  a  part,  that  a  decision  on  the  pro- 
posal now  made  by  the  Hritish  (lovernment,  without  a  definite  knowledge  of  the 
views  of  that  body  in  reference  to  it,  might  rciulcr  tlu-  (jueslion  still  more  cotnpli- 
catcd  and  difficult  of  adjustment.  I'or  these  reasons  I  invite  the  consideration  of 
the  Senate  to  the  proposal  of  the  Hritish  (jovernment  for  the  .settlement  of  the  Ore- 
gon question,  and  ask  their  advice  on  the  svbject. 

My  opinion  and  my  action  on  the  Oregon  question  was  fully  made  known  to 
Congress  in  my  annual  message  of  the  second  of  December  last ;  and  the  opinions 
therein  expressed  remain  unchanged. 

.Should  the  Senate,  by  the  constitutional  majority  required  for  the  ratification 
of  treaties,  advise  the  acceptance  of  this  proposition,  or  advise  it  with  such  modifi- 
cations as  they  may,  upon  full  deliberation,  deem  proper,  I  shall  conform  my  ac- 
tion to  their  advice.  .Should  the  Senate,  however,  decline  by  such  constitutional 
majority  to  give  such  advice,  or  to  express  an  opinion  on  the  subject,  I  shall  con- 
sider it  my  duty  to  reject  the  offer. 

I  also  communicate  herewith  an  extract  from  a  dispatch  of  the  Secretary  of 
State  to  the  Minister  of  the  United  States  at  London,  under  date  of  the  28th  of 
April  last,  directing  him,  in  accordance  with  the  joint  resolution  of  Congress  "con- 
cerning the  Oregon  Territory,"  to  deliver  the  notice  to  the  British  Government 
for  the  abrogation  of  the  convention  of  the  6th  of  August,  1827  ;  and  also  a  copy  of 
the  notice  transmitted  to  him  for  that  purpose,  together  with  extracts  from  a  dis- 
patch of  that  Minister  to  the  Secretary  of  State,  bearing  date  on  the  r8th  day  of 
May  last.  JAMES  K.  I'OI.K. 

Washington,  June  10,  1846, 

Message  was  read.  On  motion  by  Mr.  Allen,  that  the  message  and  documents 
communicated  therewith  be  referred  to  the  Committee  on  Foreign  Relation.s,  and 
printed  in  confide iice  for  the  u.se  of  the  .Senate. 

.A  division  o'  the  question  was  called  for  by  Mr.  McDuffie  and  on  the  question, 
"  that  the  message  and  documents  communicated  therewith  be  referred  to  the  Com- 
mittee on  Foreign  Relations."     It  was  determined  in  the  negative,  yeas,  9  ;   nays, 

36. 

Thi'r.sdav,  Junk  i  i  ,  1846. — On  motion  by  ?^Ir.  Mangum,  the  Senate  proceeded 
to  consider  the  message  of  the  President  of  the  United  .States  of  the  loth  instant, 
communicating  a  proposal  for  the  adjustment  of  the  Oregon  question  ;  and  after 
debate,  Mr.  Haywood  submitted  the  following  resolution  for  consideration  : 

7?«o/:'^</ (two-thirds  of  the  .Senators  concurring),  That  the  President  of  the 
United  States  be,  and  he  is  hereby,  advised  to  accept  the  proposal  of  the  British 
Government,  accompanying  his  message  to  the  Senate  dated  June  10,  1846,  for  a 
convention  to  settle  boundaries,  iS:c.,  between  the  United  States  and  Great  Britain 
west  of  the  Rocky  or  Stony  mountains. 


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The  Senate  by  unanimous  consent  proceeded  to  consider  the  said  resolution . 

On  motion  by  Mr.  N'iles,  that  it  he  amended  by  adding  thereto  the  followin;^: 
With  the  followin)^  proviso  at  tlie  end  of  the  second  article  of  the  proposeil  con- 
vention, to-wit:  Provided,  That  the  rights  of  navigation  secured  to  British  sub- 
jects by  this  articU-  be  limited  to  the  year  A.  I).  iS^g,  when  they  shall  ce:  se  and 
determine 

I'ridav,  JiNi';  12.  1.S4). — The  Senate  proceeded  to  consider  the  resolution 
submitted  by  Mr.- Haywood  on  the  nth  Instant,  together  with  the  amendment 
proposed  thereto  by  Mr.  Niles  ;  and  after  debate,  Mr.  Niles,  by  unanimous  con- 
sent, modified  his  propo.sed  amendment  to  read  as  follows  : 

With  the  following  proviso  at  the  end  of  the  .second  article  of  the  propo.sed 
convention,  to-wit :  Provided.  That  the  right  of  navigating  the  Columbia  river, 
secured  to  the  Hudson's  I?ay  Company,  and  to  all  British  su!)jects  trading  with  the 
same,  be  limited  to  the  year  A.  D,  1863,  when  it  shall  cease  and  determine. 

On  the  (juestitiu  to  agree  thereto,  it  was  iletermined  in  the  negative — yeas,  10; 
nays,  31. 

On  the  question  to  agree  to  the  resolution,  it  was  determined  in  the  affirmative 
— yeas,  3H  ;  nays,  31.     vSo  it  was 

Resolved  1  two-thirds  of  the  Senators  present  concurring),  That  the  I'resident 
of  the  United  vStates  be,  and  he  is  liereby.  advised  to  accept  the  proposal  of  the 
British  Govennnent,  accompanying  his  message  to  the  vSenate,  dated  June  10, 
[S40,  for  a  convention  to  .settle  boundaries,  ii.c.,  between  the  I'nited  States  and 
dreat  Britain  west  of  the  Rockj-  or  Stony  mountains. 

Ordered,  That  the  secretary  lay  the  said  resolution  before  the  President  of 
the  I'nited  .States. 

TuKSD.w,  Ji'Ni-;  16,  18.46. — The  following  message  was  received  from  the  Presi- 
dent of  the  United  States  by  Mr.  Walker,  his  .secretary  ; 

To  (he  Senate  of  the  Ibiited  States :  In  accordance  with  the  resolution  of  the 
Senate  of  the  12th  instant,  that  "the  President  of  the  United  States  be,  and  he  is 
hereby,  advised  to  accept  the  proposal  of  the  British  Government,  accompanying 
his  message  to  the  Senate,  dated  June  10,  1846.  for  a  convention  to  settle  bound- 
aries, ^c,  between  the  I'nited  States  and  Great  Britain  west  of  the  Rocky  or 
Stony  mountains,"  a  convention  was  concUided  and  signed  on  the  15th  instant, 
by  the  Secretary  of  State  on  the  part  of  the  United  States,  and  the  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  Her  Britannic  Majesty  on  the  part  of 
(ireat  Britain. 

This  convention  I  now  lay  before  the  Senate  for  their  con.sidcration,  with  a 
view  to  its  ratification.  JAME.S  K.  POI.K. 

W.\sniNC.ToN,  June  16,  1846. 

Mr.  Hannegan  submitte-d  the  following  resolution  for  consideration  : 
Resolved,  That  the  President  be  requested  to  communicate  to  the  Senate  a 
copy  of  all  the  correspondence  which  has  taken  place  between  this  Government 
and  that  of  Great  Britain  relative  to  the  Oregon  treaty,  together  with  the  ilis- 
patches  and  instructions  forwarded  to  our  minister,  Mr.  McLane ;  and  a  full  and 
complete  copy  of  his  dispatches  and  communications  to  this  Government  on  the 
same  subject. 

WkdnKsd.w,  Jink  17,  1846. — The  Senate  proceeded  to  consider  the  resolu- 
tion submitted  by  Mr.  Hannegan  on  the  16th  instant,  A'hich  was  modified  and 
agreed  to,  as  follows  : 


1846 


PROVISIONAL    GOVERNMKNT 


261 


Resolved,  That  the  President  be  requested  to  communicate  to  the  vSenate  a 
copy  of  all  the  correspondence  which  has  taken  place  between  this  (iovernnient 
and  that  of  Great  Britain  relative  to  the  Oregon  treaty,  together  with  the  dis- 
patches and  instructions  to  our  minister,  Mr.  McLane  ;  and  a  full  and  ccmplete 
copy  of  his  dispatches  and  coinnuinications  to  this  CTOvernment  on  the  same  sub- 
ject, not  heretofore  communicated  to  the  Senate. 

Mr.  Atchison  submitted  the  following  resolution  for  consideration  : 

Resolved,  That  the  President  lie  requested  to  furnish  the  Senate  with  all  the 
information  in  his  possession  in  relation  to  the  kind  and  extent  of  claims  to  farms 
and  lands  of  the  Puget's  Sound  Agricidtural  Company,  in  the  territory  of  Oregon. 

TiiiRSiJAV,  Ji'NK  iS,  1H46. — The  vSenate  proceeded  to  consider  the  resolution 
submitted  by  Mr.  Atchison  the  17th  instant,  which  was  modified  by  adding  thereto 
the  following  words  : 

"And  that  he  be  requested  to  communicate  to  the  Senate  a  copy  of  the  act 
incorporat'  g  the  Puget's  Sound  Agricultural  Company,  or  of  the  original  instru- 
ment constituting  that  company." 

On  motion  by  Mr.  .^llen,  to  amend  the  said  resolution,  so  modified,  by  add- 
ing thereto  the  following  : 

"And  that  the  President  be  requested  to  lay  before  the  .Senate  any  informa- 
tion in  his  possession  relati%'e  to  the  kind,  character,  number,  and  extent  of  the 
possessory  rights  of  the  Hudson's  Bay  Company,  and  of  all  Hritish  subjects  who 
may  be  already  in  the  occupation  of  land  or  other  property  in  the  Oregon  territory 
south  of  the  forty-ninth  parallel  of  north  latitude  ;  also,  the  number  of  such  Brit- 
ish subjects,  including  the  members,  agents  and  servants  of  said  company  ;  also, 
the  location,  number  and  extent  of  the  forts,  stations  and  settlements  of  said 
company  south  of  said  parallel ;  also,  the  means  of  attack  and  defense  in  the  pos- 
session of  said  company  within  said  limits. 

.\fter  debate,  it  was  determined  in  the  afl'irmative — yeas,  36;  nays,  15. 

The  resolution,  as  amended,  was  then  agreed  to  as  follows : 

Resolied^  That  the  President  be  requested  to  fumi.sh  the  Senate  with  all  the 
information  in  his  possession  in  relation  to  the  kind  ami  extent  of  claims  to  farms 
and  lands  of  the  Puget's  Sound  .Agricultural  Compaiiy  in  the  territory  of  Oregon; 
and  that  he  be  retjuested  to  communicate  to  the  Senate  a  copy  of  the  act  incor- 
poratiu't  tin-  Puget's  .Somul  -Vgrieultural  Comjiany,  or  of  the  original  instrument 
constituting  tliat  (.■oni])any  ;  and  that  the  President  be  requested  to  lay  before 
the  Senate  any  information  in  his  possession  relative  to  the  kind,  character  num- 
ber and  extent  of  the  possessory  rights  of  the  Hudson's  Hay  Comj)any,  and  of  all 
Hritish  subjects  who  may  be  already  in  the  t)ccupation  of  land  or  other  property 
in  the  Oregon  territory  ."^outh  of  the  forty-ninth  parallel  of  north  latitude;  also, 
the  number  of  such  Hritish  subjects,  including  the  members,  agents  and  servants 
of  sai<l  company;  .also,  tlw  location,  tunubfr  and  extent  of  the  forts,  stations  and 
settlements  of  said  company  south  of  said  parallel ;  also,  the  meansof  attack  and 
defense  in  the  possession  of  s aid  comi)any  within  said  limits. 

Ordered,  That  the  Secretary  lay  the  said  resolution  before  the  President  of 
the  I'nitetl  States. 

The  Semite  proceeded,  as  in  committee  of  the  whole,  to  consider  the  treaty 
between  the  l'nite<l  States  of  .\merica  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Oreat  Britain  and  Ireland,  concluded  at  Washington  the  15th  day  of 
June,  1H46  ;  and  no  amendment  being  made  thereto,  it  was  reported  to  the  Senate. 

Mr.  McDulTie  sidunitted  the  following  resolution  for  consideration  : 


ik 


!*  '11  ■ 


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11= 

i 
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1 

I 
i  -:' 


i  ■ 


262 


brown's  political  history. 


1846 


/Resolved  (two-thirds  of  the  Senators  present  corcun-ing).  That  the  Senate 
advise  and  consent  to  the  ratification  of  the  treaty  between  the  United  .States  of 
America  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  concluded  at  Washington  the  15th  day  of  June,  1846. 

The  vSenate,  by  unanimous  consent,  proceeded  to  consider  the  said  resolution. 

On  motion  by  Mr.  Hannegan,  to  amend  the  said  resolution  i)y  striking  out  all 
after  the  word  '^Resolved,"'  and  inserting  the  following  in  lieu  thereof: 

"That  the  Prtsident  of  the  United  States  be,  and  he  is  hereby,  advised  by  the 
Senate  to  offer  to  the  Government  of  Great  Hritain  as  a  just,  fair  and  eciuitable 
compromise  of  the  conflictiug  claitns  of  the  two  Governments  connected  with  the 
country  lying  along  between  the  Rocky  inountjiins  and  the  Pacific  ocean,  extend- 
ing from  the  parallel  of  forty  two  degrees  to  fifty-four  degrees  and  forty  minutes 
north  latitude,  and  including  the  islands  embraced  within  said  parallels  of  lati- 
tude adjacent  to  the  coast,  the  following,  as  the  fundamental  provisions  for  a 
treaty  between  the  two  governments  : 

'"First — Tl'.e  Government  of  Great  Hritain  shall  acknowledge  the  right  of 
soil  and  the  sovereignty  to  exist  and  be  with  the  United  States  to  the  whole  terri- 
tory above  described,  and  shall  abandon  to  the  United  .States  all  claim  which 
shall  in  any  manner  conflict  with  the  paramount  jurisdiction  of  the  United  States 
therein. 

Second — The  United  .States  shall  guarantee  to  the  Hudson's  Ikiy  Company  for 
twenty  years  from  the  date  of  such  treaty  the  most  perfect  security  in  all  their 
posses.sions,  and  the  right  to  pursue  their  business  of  hunting  and  trapping,  with 
all  the  imnmnities  which  pertain  thereto,  and  to  trade  during  that  period  with  the 
natives,  and  the  use  during  that  time  of  the  ports,  rivers  and  harl)ors  within  said 
territory,  without  charge  or  hindrance, 

"  Third — Within  twelve  months  from  the  date  of  said  treaty,  commissioners 
shall  be  selected,  by  a'lid  on  behalf  of  the  respective  Governments,  whose  duty  it 
shall  be  to  assess  at  just  and  liberal  prices  the  value  of  the  property  of  the  Hud- 
son's Bay  Company  within  said  territory,  which  amount,  when  a.scertained,  shall 
be  paid  by  the  United  States  to  said  company  in  such  manner  .-uid  at  such  time 
as  shall  be  agreed  upon  between  the  United  .States  and  Great  Britain." 

It  was  determined  in  the  negative — yeas,  5  ;  nays,  42. 

On  the  (juestion  to  agree  to  the  resolution,  it  was  determined  in  the  affirmative 
— yeas,  41  ;  nays,  14.     So  it  was 

Resolved,  (two-thirds  of  the  .Senators  present  concurring),  That  the  Senate 
advise  and  consent  to  the  ratification  of  the  treaty  between  the  United  .States  of 
America  and  Her  majesty  the  Queen  of  the  United  Kingdom  of  Great  Hritain  and 
Ireland,  concluded  at  Washington  the  15th  day  of  June,.iS46. 

Ordered,  That  the  secretary  lay  the  said  resolution  l)eforethe  President  of  the 
United  .States. 

TiiTRSDAV,  JiLV  16,  1S46. — Mr.  Hannegan  submitted  the  following  resolution 
for  consideration  : 

Resolved,  That  the  President  be  requested  to  inform  the  Senate  if  it  is  his  in- 
tention ..  comply  with  two  resolutions  of  the  Senate,  pa.ssed  on  the  i7tli  ultimo, 
in  relation  to  the  correspondence  attending  the  Oregon  treaty,  and  the  origin  of 
the  Puget's  .Sound  -Agricultural  Company,  with  the  nature  and  extent  of  the  com- 
pany's claims  and  pos.sessions  in  Oregon. 

Ti;k.sI)AV,  Jrr<v  21,  18.^6. — The  following  message  was  received  from  the 
President  of  the  United  States  by  Mr.  Walker,  his  secretary. 


1846 


PROVISIONAL   GOVKKNMKNT. 


;63 


To  the  Senate  of  the  (Iniled States:  I  herewith  transmit,  in  compliance  with 
the  request  of  the  Senate  in  their  resolution  of  the  17th  of  June,  1S6,  a  report  of 
the  Secretary  of  State,  together  with  a  copy  of  all  "  the  dispatches  and  instruc- 
tions relative  to  the  Oregon  treaty,  forwarded  to  our  minister,  Mr.  McT.ane,  not 
heretofore  connnunicated  to  the  Senate,"  including  a  statement  of  the  proposi- 
tions for  the  adjustment  of  the  Oregon  question  previously  made  and  rejected  bj* 
the  respective  Governments.  This  statement  was  furnished  to  Mr.  McLane  before 
his  departure  from  the  country,  and  is  dated  on  the  I2th  of  July,  1845,  the  daj  on 
which  the  note  was  addressed  by  the  Secretary  of  State  to  Mr.  Pakenham,  offer- 
ing to  settle  the  controversy  by  the  forty-ninth  parallel  of  latitude,  which  was  re- 
jected by  that  minister  on  the  29th  of  July  following. 

The  Senate  will  perceive  that  extracts  from  but  two  of  I^Ir.  McLane's  "dis- 
patches and  communications  to  this  Cjoverjiment"  are  transmitted;  and  these 
onlj-  because  they  were  necessary  to  explain  the  answers  given  to  them  by  the 
Secretary  of  State. 

These  dispatches  are  both  numerous  and  voluminous,  and,  from  their  confi- 
dential character,  their  publication,  it  is  believed,  would  be  highly  prejudicial  to 
the  public  interests. 

Public  considerations  alone  have  induced  me  to  withhold  the  dispatches  of 
Mr.  ]McI<ane  addressed  to  the  Secretary  of  vState.  I  concur  with  the  Secretary  of 
State  in  the  views  presented  in  his  report,  herewith  transmitted,  against  the  pub- 
lication of  these  dispatches. 

Mr.  McLane  has  performed  his  whole  duty  to  his  countr\ ,  and  I  am  not  only 
willing,  but  anxious,  that  every  Senator  who  may  desire  it  shall  have  an  oppor- 
tunity of  peru.sing  these  dispatches  at  the  Department  of  State.  Tlie  Secretary  of 
State  has  been  instructed  to  afford  every  facility  for  thispurpo.se. 

W.\SHiNGTON,  July  21,  1S46.  JAMKS  K.  POLK. 

To  the  Senate  of  the  United  States:  I  communicate  herewith  a  report  from 
tlie  Secretary  of  State,  in  answer  to  the  resolution  of  the  Senate  of  the  iXth  of 
June,  1846,  calling  for  certain  information  in  relation  to  the  Oregon  territory. 

Washington,  July  21,  1846.  JAMKS  K.  POLK. 


^i    ii 


PROTOCOL. 

A  conference  was  held  at  the  Department  of  State,  on  the  6lh  of  June,  i«46,  be- 
tween the  honorable  James  lUichanan,  Secretary  of  State,  the  American  Plenipo- 
tentiary, and  the  right  honorable  Richard  Pakenham,  the  British  Plenipotentiary, 
when  the  negotiation  respei  lini^  the  Oregon  Territory  was  resumed.  The  Hritish 
Plcnipotcntiarv  made  a  verbal  explanation  of  the  moti%es  which  had  induced  Her 
Majesty's  Government  to  instruct  him  to  make  another  proposition  to  the  (rovcrn- 
ment  of  the  Uniteil  Stales  for  the  solution  of  these  long  existing  difficu'ties.  The 
Secretary  of  State  expressed  his  satisfaction  with  th-'  friendly  motives  which  had 
animated  the  British  (lovennnenl  in  this  endeavor. 

Whereupon  the  Mrilish  PlcnipoleiUiary  submitted  to  the  Secret  iry  of  Stale 
the  draught  of  a  convention  (  marked  .'V  )  setting  forth  the  terms  which  he  had 
been  instructed  to  propose  to  the  Government  of  the  United  States  for  the  settle- 
ment of  the  Oregon  (juestion. 

JAMES  BUCHANAN. 
R.  PAKENHAM. 


it: 


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Mil 


U'    ■ 


2O4 


BKOW.N  S    I'OLITICAI,    HISTORY. 


1846 


(A. 


-I)RAU(.HT  OK  CONVENTION. 
/'rfa>n/>/i\ 
Ilor  Majesty  the  Ouciii  of  the  I'liited  Kiiij^ihun  of  Oreat  Hritaiii  and  Ireland, 
and  the  Inited  States  of  Ameriea,  deeniiii};  it  to  he  desirable  for  the  future  wel- 
fare of  both  eountries  that  the  state  of  donht  and  iinecrtainty  which  has  hitherto 
prevailed  res])ectin,t(  the  sovereignty  and  Ciovcrnnient  of  the  territory  of  the  north- 
west coast  of  America  1\  inf^  westward  of  tlie  Rocky  or  Stony  mountains  shoidd  l>e 
finally  terminated  by  an  amicable  compromise  of  the  rights  !nutiial1\  asserted  by 
the  two  jjatties  over  the  said  territory,  have  respectively  named  pleni])t)tcntiaries 
to  treat  and  agree  concerning  the  terms  of  such  settlement  ;    that  is  to  say,  Her 

Majesty  the  Ouccn  of  the  I'nited  Kingdom  of  (Ireat  Britain  and  Ireland, 

and  President  of  the  Inilcd  Stales  of  America, ,  who,  after  having  com- 
municated to  each  other  their  res])eclive  full  powers,  found  in  g  -od  and  due  form 
have  agreed  upon  and  concluded  the  following  articles  : 

AKTICMv  I. 
I'Vom  the  jjoiiit  on  the  lyth  ])arallcl  of  north  latitude  where  the  boundary 
laid  down  in  existing  treaiies  aiiil  conveiiiions  between  (rrcat  Hritain  ami  the 
United  .States  terminates,  the  line  of  boiunlary  between  the  territories  of  Her  Hri- 
trinnic  Majesty  .md  those  of  the  United  Slattts  shall  be  continued  westward  along 
th  •  said  49th  i)arallel  of  north  latitude  U)  the  middle  of  the  channel  which  sepa- 
rates the  continent  from  Vancouver's  island  ;  and  thence  southerly  throt'gh  the 
middle  of  the  said  channel  and  of  I'uca's  straits  to  the  I'acif\c  ocean  :  Provided, 
however,  that  the  navigation  of  the  'vhole  of  the  said  channel  and  straits  south  of 
th',.'  4ylli  parallel  of  north  lalitu<Je  remain  free  and  open  to  both  jjartics. 

Aktici.i'.  II. 

I'Voni  the  jioint  at  which  the  jyth.  parallel  of  north  latitude  shall  be  fiiund  to 
intersect  tne  great  northern  branch  <'f  the  Columbia  river,  the  navigation  of  the 
said  branch  shall  be  free  and  ojjcu  to  the  Hudson's  Bay  Comj)any,  and  to  all  Brit- 
ti--h  subjects  trading  with  the  same,  to  the  point  where  the  said  branch  meets  the 
main  stream  of  the  Columbia,  and  thence  down  the  said  main  stream  to  the  ocean, 
with  free  access  into  and  through  the  said  river  or  rivers;  it  being  understool  that 
a:l  tho  usual  port.«ges  along  the  line  thu-  described  shall  in  like  manner  be  free 
and  open.  In  navi'„'ating  the  said  river  or  rivers,  British  subjects,  with  their  goods 
and  produce,  shall  be  treate<l  on  the  same  footing  as  citizens  of  tiie  United  States  : 
it  being,  however,  always  understood  that  nothing  in  this  article  shall  be  construed 
as  preventing,  or  intended  to  prevent,  the  (iovcrnmcnt  of  the  United  .States  from 
making  regulations  respecting  the  unvigation  of  the  said  river  or  rivers,  not  incon- 
sistent with  the  present  treaty. 

Aktici.k  III. 

In  the  future  ajipropriation  of  the  territory  south  of  the  .|y!h  parallel  of  north 
latitude,  as  provided  in  the  first  j.rticle  of  this  treaty,  the  possessory  rights  of 
the  Hr.dson's  Bay  Company  and  of  all  British  subjects  who  may  be  alreadv  in  the 
occupation  01  land  or  other  projierty,  lawfidly  ac(|uired  within  the  said  territory, 
shall  be  rcsi)ectcd. 

Ahticlh  IV. 

The  farm-i.  l.iiids,  and  other  ])roperty  of  every  description  belonging  to  the 
Puget's  Sound  Agricultural  Comp.iny,  on  the  north  side  of  the  Columbia  river, 
shall  be  confirmed  to  the  said  company.  In  case,  however,  the  situation  of  these 
farms  and  lands  should  be  considered  by  the  United  States  to  be  of  i)ublic  and 
political  importance,  and  the  Uuiteil  States  Oovernmeut  should  signify  a  desire  to 


1846 


PROVISIONAL   GOVERNMENT. 


3^5 


obtain  ])os9CSSiou  of  the  whole,  or  of  any  part  thereof,  the  property  so  required 
shall  be  transferred  to  the  said  Government  at  a  proper  valuation,  to  l)C  agreed 
upon  between  the  parties. 

ARTicr<EV. 

The  present  treatv  shall  be  nitificd  by  Iler  Britannic  Majesty  and  by  the  I'res- 
idontof  the  Tnited  States,  l)y  and  with  the  advice    iid  consent  of  the  Senate  thereof; 

and  the  ratiticalions  shall  be  cxchanj^ed  at  London  at  the  expiration  of months 

from  tlic  date  hereof,  or  sooner  it  possible. 

In  witness  whereof,  liic  respective  Plenipotentiaries  have  signed  the  same,  and 

have  alfixcd  thereto  the  seal  of  their  arms.     Done  at  Washington,  the day 

of ,  in  the  year  of  our  Lord  1.S46. 


I 


Mr.  Buchanan  to  Mr.  McLatte. — Extracts. 

Departmknt  of  State, 

WasJiingtou,  April  2S,  /S/6.    ) 

1  herewith  transmit  a  notice  for  the  abrogation  of  the  convention  of  the  6th 
August,  1827,  between  (ireat  Britain  and  the  United  States,  in  accordance  with  the 
terms  prescribed  in  its  second  article.  This  paper  you  will  deliver  to  Her  Britan- 
nic Majesty  in  person,  or  to  Her  Maiesty's  Principal  Secretary  of  State  for  Foreign 
Affairs,  after  you  shall  have  ascertained  which  of  these  uiodes  of  presenting  it  will 
be  most  in  accordance  with  Her  Majesty's  wishes.  A  duplicate  of  the  same  is 
transmitted,  to  be  placed  on  file  in  the  archives  of  yt-ur  legation. 

As  the  abrogation  of  this  convention  is  an  act  of  an  important  and  solemn 
character,  the  delivery  of  the  notice  ou'jLl  to  be  attested  with  all  due  formality. 
The  mode  is  left  entirely  to  your  own  discretion  ;  but  I  would  suggest  that  it  might 
be  made  the  subject  of  a  protocol,  in  triplicate  ;  one  cojiy  of  which  should  remain 
with  the  British  Government,  another  with  the  legat'on  in  London,  and  the  third 
be  transmitted  to  this  de])artment. 

In  the  remarks  which  you  may  have  occasion  to  make  on  the  deliver}'  of  the 
notice,  the  language  to  the  preamble  to  tl:e  "joint  resolution  concerning  the  Ore- 
gon Territory  "  must  necessarily  be  your  guide.  *  *  *  Congress  have 
spoken  their  will  upon  the  subject,  in  their  joint  resolution,  and  to  this  it  is  his 
( the  President's  )  and  your  duty  to  conform. 


To  licr  Maji'stv  \'icToi<iA,  Quern  of  the  Ihiifed  Kiugdovi  of  Great  Britain  and 

Ireland'  cS~V.,  ii~V.,  &e. 

\\  iicrcas  the  Congress  of  tlic  United  vStates  have  adopted  a  "joint  resolution 
cncerning  the  Oregon  Territory,"  of  which  the  following  is  a  copy  : 

"JOINT  RKSOLUTION  concerning  the  Oregon  Territory." 
"Whereas  bv  the  convention  concludcdthe  twentieth  day  of  October,  eighteen 
hundred  and  ei>j;hteen,  between  the  United  Statcsof  .\inerica  and  Kiu'.;  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  for  tl.  .  period  ot  ten  years,  and  afterwards 
indefinitely  extended  and  continued  in  force  by  another  convention  of  the  same 
parties,  concluded  the  sixth  day  of  Avigust,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  twenty-seven,  it  was  {greed  that  any  country  that  may  be  claimed  by 
eitlier  partv  on  the  northwest  coast  of  America,  westward  of  the  Stony  or  Rocky 
mountains,  now  commonly  called  the  Oregcju  Territory,  should,  together  with  its 
harbors,  bays,  and  crecki;  and  the  navigation  of  all  rivers  within  the  same,  be  'free 
and  open'  to  the  vessels,  citizens,  and  subjects  of  the  two  powers,  but  without  preju- 


inf 


ii 


•  -  I' 


III 


\lH 


:  ( 

'r-     i   ■ 


266 


brown's  political  history. 


i84r) 


dice  to  any  olaiin  which  either  of  the  parties  might  liave  to  any  part  of  the  said 
country  ;  and  with  this  further  provision,  in  the  second  article  of  the  said  conven- 
tion of  the  sixth  of  August,  eighteen  hundred  and  twenty -seven,  that  either  party 
might  abrogate  and  annul  said  convention,  on  giving  due  notice  of  twelve  months 
to  the  other  contracting  party. 

"And  whereas  it  has  now  become  desirable  that  the  respective  claims  of  the 
United  States  and  (ireat  Uritain  should  be  definitely  settled  :  and  that  said  Territory 
may,  no  longer  than  need  be,  leniain  subject  to  the  evil  consequence^  of  the  di- 
vided allegiance  uf  its  .\nierican  and  British  population,  and  of  the  confusion  and 
conflict  of  national  jurisdiction,  dangerous  to  the  cherished  peace  and  good  under 
standing  of  the  two  countries  : 

'■  With  a  view,  therefore,  that  steps  be  taken  for  the  abrogation  of  the  said 
convention  of  the  sixth  of  August,  eighteen  hundred  and  twenty-seven,  in  the  mode 
prescribed  in  its  second  article,  and  that  the  attention  of  the  Governments  of  both 
countries  may  be  the  more  earnestly  directed  to  the  adoption  of  all  proper  meas- 
ures for  a  speedy  and  amicable  adjustment  of  the  differences  and  disputes  in  regard 
to  the  s.iid  Territories  : 

"  Resolved  by  llic  Senate  and  House  of  Representatives  of  the  I  'nited  States  of 
Ameriea  in  Congress  assembled.  That  the  Tresidenl  of  the  I'nited  Slates  be,  and 
he  is  hereby  authorized,  at  his  discretion,  to  give  to  ihe  Government  of  Great 
Britain  the  notice  recjuired  by  Jie  second  article  of  the  said  convention  of  thesixth 
of  August,  einhtecn  hundred  and  Iweiity-seven,  for  the  abrogation  of  the  same. 

".\pprovcd  April  27,  1S46." 

Now,  therefore,  after  a  careful  consideration  of  tlie  premises,  I,  James  K. 
Polk,  President  of  the  United  .States,  in  the  exercise  of  the  authority  and  discre- 
tion vested  in  me  by  the  said  "joint  resolution  concerni  ';■■  the  Oregon  territory," 
and  in  pursuance  of  the  second  article  of  the  conventioi  of. the  6th  of  August, 
1827,  therein  mentioned,  do  hereby,  in  behalf  of  the  United  States,  give  notice  to 
Her  Majesty,  the  (jueen  of  the  United  Kingdom  of  Cireal  Britain  and  Ireland, 
that  at  the  end  of  twelve  months  from  and  after  the  delivery  of  these  presents, 
by  the  P^nvoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  at 
Londoii,  to  Her  Britannic  Majesty,  or  to  Her  Majesty's  principal  secretary  of  state 
for  foreign  affairs,  the  said  convention  shall  be  entirely  annulled  and  abrogated. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  here- 
unto affixed.  Given  under  my  hand,  at  Washington,  this  twenty-eighth  day  of 
.\pril,  A.  D.  1846,  and  of  the  independence  of  the  said  States  the  seventieth. 

[L.  S.]  JAMKS  K.  POLK. 

By  the  President : 

Jamks  BicHAN.\:>,  Secretary  of  Stale. 


Mr.  McLane  to  Mr.  Huehanan. — Extracts. 

London,  May  18,  1S46. 
I  received  late  in  the  day,  on  the  fifteenth  instant  1  Friday ),  your  dispatch  11  nm- 
Ijer  twenty-seven,  dated  the  twenty-eighth  of  .Vpril,  eighteen  hundred  and  forty- 
si.x,  transmitting  a  notice  for  the  abrogation  of  the  convention  of  the  sixth  of 
.\ugust,  eighteen  hundred  and  tv/eiity-seven,  between  the  United  States  and  Great 
Britain,  in  accordance  with  the  terms  prescribed  in  the  second  article,  instructing 
me  to  deliver  the  notice  to  Her  Britannic  Majesty  in  person,  or  to  Her  Majesty's 
principal  secretary  of  state  for  foreign  affairs,  as  will   be  most  agreeable  to  Her 


!!jspr; 


1846 


1845 


PROVISIONAL   GOVERNMENT. 


367 


Majesty's  wishes,  and  at  the  same  time  leaving  the  mode  of  the  delivery  of  the 
notice  entirely  at  my  own  discretion. 

I  will  of  course  execute  your  instructions  at  the  earliest  practicable  moment. 
As,  however,  I  could  only  ascertain  Her  Majesty's  wishes,  which  I  am  directed  to 
consult,  through  the  principal  secretary  of  state  for  foreign  affairs,  sutTu-icnt  time 
has  not  yet  been  afforded  fcr  that  purpose  ;  and  in  the  midst  of  the  preparation  of 
my  dispatches  for  the  steamer  of  to-morrow,  and  of  my  engagements  at  the  for- 
eign office  connected  with  one  of  the  topics  of  this  letter,  it  has  not  been  in  my 
power  to  give  to  a  subject  of  so  much  importance  that  deliberation  which  1  am 
sensible  a  proper  exercise  of  the  discretion  confided  to  me  requires.  To  morrow, 
however,  I  propose  to  seek  an  interview  with  Lord  .\berdeen  for  the  purpose,  and 
without  loss  of  time  finally  to  execute  your  instructions  in  the  mode  that  may  be 
deemed  most  effectual.  I  may  add,  that  although  it  is  altogether  probable  that 
the  presentation  of  the  notice  to  Her  Majesty  in  person  will  not  be  admissible,  and 
that  where  a  treaty  may  be  animlled  upon  notice  by  one  party,  the  mode  of  deli  vering 
the  notice  tieed  not  be  dependent  upon  the  assent  of  the  other  ;  yet,  in  the  present 
instance,  I  do  not  apprehend  there  will  be  any  difficulty  in  giving  and  receiving 
the  notice  in  a  mode  mutually  satisfactory,  and  in  conformity  with  usage  in  such 

Cas*r9.  *  *  *  *  #  #  *  #  -K-  *  *  *  » 

I  have  now  to  acquaint  you  that,  after  the  receipt  of  your  dispatches  on  the 
fifteenth  instant,  by  the  Caledonia,  I  had  a  lengthened  conference  with  Lord 
.\fx:"leen,  on  which  occasion  the  resumption  of  the  negotiation  for  an  amicable 
sett!  mentof  the  Oregon  question,  and  the  nature  of  the  proposition  he  contem- 
plated submitting  for  that  purpose,  formed  the  suljject  of  a  full  and  free  conversa- 
tion. I  have  now  to  state  that  instructions  will  be  transmitted  to  Mr.  I'akenluim 
by  the  steamer  of  to-morrow,  to  submit  a  new  and  further  proposition  on  the  part 
of  this  Government  for  a  partition  of  the  territory  in  dispute. 

The  proposition  most  probably  will  offer,  substantially, 

/•"irsi — To  divide  the  territory  by  the  extension  of  the  line  on  the  parallel  of 
forty-nine  to  the  sea ;  that  is  to  .say,  to  the  arm  of  the  sea  called  Burch's  bay; 
thence  by  the  canal  De  .•\rro  and  straits  of  Fuca  to  the  ocean  ;  and  confirming  to 
the  United  States  what  indeed  they  would  possess  without  any  special  confirma- 
tion— the  right  freely  to  use  and  navigate  the  strait  throughout  its  extent. 

Second — To  secure  to  the  British  subjects  occupying  lands,  forts  and  stations 
anywhere  in  the  region  north  of  the  Columbia,  and  south  of  the  forty-ninth  par- 
allel, a  perpetual  title  to  all  their  lands  and  stations  of  which  they  may  be  in 
actual  occupation  ;  liable,  however,  in  all  respects,  as  I  understand,  to  the  juris- 
diction and  .sovereignty  of  the  United  States  as  citizens  of  the  I'nited  States. 
Similar  privileges  will  be  offered  to  be  extended  to  citizens  of  the  United  .States 
who  may  have  settlements  north  of  the  forty-ninth  parallel ;  though  I  presume  it 
is  pretty  well  imderstood  that  there  are  no  settlements  upon  which  this  nominal 
mutuality  could  operate.  I  have  no  means  of  accurately  ascertaining  the  extent 
of  the  present  British  settlements  between  the  Columbia  and  the  forty-ninth  par- 
allel. They  are  not  believed  by  Lord  .\berdeen  to  be  numerous,  however;  con- 
sisting, as  he  supposes,  of  a  few  private  farms,  and  two  or  three  forts  and  stations. 
I  have  alread}'  in  a  previous  dispatch  taken  the  liberty  to  remind  you  that,  by 
their  charter,  the  Hudson's  Bay  Company  are  prohibited  from  ac(iuiring  title  lo 
lands,  and  that  the  occupations  to  be  affected  by  this  reservation  have  been  made 
either  by  the  scjuatters  of  that  company,  or  by  the  Puget's  Sound  Land  Company, 
for  the  purpo.se  of  evading  the  prohibition  of  the  Hudson's  Bay  charter.  They 
are  in  point  of  fact,  also,  according  to  Captain  Wilke's  account,  cultivated  and 


'ml 


I . 


[  <  ' 


) ) 


268 


HROWN  S    POLITICAL    HISTORY 


1846 


used  cliiclly  by  the  persons  employed  on  the  service  of  the  former  company,  and 
as  auxihary  to  their  jj;eneral  l)usiiiess  of  hunting  and  trapping;,  rather  than  with  a 
view,  as  it  has  been  generally  sui)posed,of  colonizing,  or  of  permanent  settlement. 

I.ostly — The  ])ro])osition  will  demand  for  the  Hudson's  l?ay  Com])any,  the 
right  of  Ireely  navigating  the  Columbia  river.  11  will,  however,  as  I  understand, 
disclaim  the  i<lea  of  .sovereignty,  or  of  the  right  of  exercising  any  jurisdiction  or 
police,  whatever,  on  the  part  of  this  (Government,  or  of  the  company,  and  will 
contemplate  onl\-  the  right  of  navigating  the  river  upon  the  same  footing,  and  ac- 
cording to  the  same  regulations,  as  may  be  applicable  to  the  citizens  of  the  I'nited 
States.  I  have  already  actpuiinted  yon  that  Lord  .Mierdeen  has  positively  and  ex- 
plicitly declined  to  treat  of  the  navigation  of  the  St.  Lasvrence  in  connection  with 
that  of  the  Columbia  ;  and  that  even  if  it  were  desirable  to  us  to  propose  to  offer 
one  for  the  other,  he  would  on  no  account  enter  into  any  negotiotion  in  regard  to 
the  vSt.  Lawrence. 

*  *  *  I  have  seen  no  cause  to  change  the  opinion  that  in  any  at- 
tempt to  divide  the  Oregon  territory,  the  obligation  felt  by  this  Government  to 
protect  the  rights  of  their  subjects  which  may  have  been  accjuired  or  have  grown 
up  during  the  joint  occupation,  would  most  probably  interpose  thu  greatest  diifi- 
culty  in  the  way  of  an  amicable  adjustment.  And  it  is  now  obvious  that  the  pro- 
posed reservation  oi  the  right  to  the  Hudson's  Hay  Company  of  freely  navigating 
the  CoUunbia,  and  that  in  favor  of  the  British  occupants  north  of  the  river,  pro- 
ceed from  this  source ;  although  it  is  probable  that  more  or  less  pride  may  be 
felt  at  giving  u])  now,  without  what  they  may  deem  an  adetjuate  equivalent,  what 
has  been  hitlu-rto  tendered  by  our  negotiators. 

In  fact,  except  in  the  surrender  to  the  United  States  of  the  title  of  the  land.s 
not  occupied  by  British  subjects  between  the  Coluniliia  and  the  forty-ninth  par- 
allel, and  also  surrender  the  jurisdiction  over  the  river  and  the  country  within  the 
same  limits,  I  am  afraid  it  may,  with  some  plausibility,  be  contended  that  there 
is  no  material  difference  between  the  present  proposition  and  that  offered  to  Mr. 
Gallatin  by  Messrs.  Addington  ami  Huskissou,  the  British  negotiators  in  1S27. 

It  is  scarcely  necessary  for  me  to  state  that  the  proposition,  as  now  sulnuitteil, 
has  not  received  my  countenance.  *  "■•■  *  I  have,  therefore  felt  it  my 
dnt}-  to  discourage  any  expectation  that  it  would  be  accepted  by  the  President ;  or, 
if  submitted  to  that  body,  approved   by  the  St'uate. 

I  do  not  thiidc  there  can  be  much  doubt,  however,  that  an  impression  lias 
been  produced  here  that  the  Senate  would  accept  the  proposition  now  offered,  at 
least  without  any  material  mo<lification,  and  that  the  President  would  not  take 
the  responsibility  of  lejecting  it  without  consulting  the  Senate.  If  there  be  .any 
reasonable  ground  to  entertain  such  an  impression,  bov.cver  erroneous,  an  offer 
less  objectionable,  in  the  first  instance  at  least,  could  hardly  l)e  expected. 

It  may  be  considered  certain,  also,  in  my  oi)inion,  that  the  offer  now  to  be 
made  is  not  to  be  submitted  as  an  ultimatum,  ar.d  is  not  intended  as  such  ;  though 
I  have  reason  to  know  that  Mr.  Pakenluun  will  not  be  authorized  to  accept  or  re- 
ject any  modification  that  may  be  proposed  on  our  part;  but  that  he  will,  in  such 
case,  be  instructed  to  refer  the  modificatitni  to  his  Govennnent. 

It  is  not  to  be  disguised  that,  since  the  President's  annual  message,  and  the 
public  discussion  that  has  subsecpiently  taken  place  in  the  Senate,  it  will  be  difii- 
cult,  if  not  impossible,  to  conduct  the  negotiation  in  its  future  stages,  without 
reference  to  the  opinion  of  the  Senators,  or  free  from  speculation  as  to  the  degree 
of  control  they  may  exercise  over  the  result.     Whatever,  therefore,  might  be  pru- 


IS46 


PROVISIOXAI.   GOVKRNM  KXT. 


269 


(Ifiit  and  ri').^ular  in  tht-  (jrdinary  i-oiirst-  of  things,  I  think  it  i)f  Iht-  iittUDst  ini- 
jxjrtance,  upon  thu  prest-nt  occasion,  if  llu-  I're-sidcnt  should  tliink  propi-r  to  pro- 
post-  any  modification  of  the  otTcr  to  he  inadt-  hy  Mr.  I'akcnhani,  that  th;-  niodifi- 
ration  should  he  undt-rstooi!  as  possessing  tlu-  concurrence  of  the  co-ordinate 
hra:!'-li  of  the  treat)"  power. 

It  is  not  I'usy  to  conjectun-,  with  atiy  certainty,  the  extent  to  which  this  ('.(>v- 
ernnieiit  might  be  induced  to  mO(Hfy  the  proposition,  even  if  they  should  lie  as- 
sured that  the  vSenate,  no  less  than  the  President,  demanded  it.  It  mu.st  not 
escape  observation  that,  during  the  ])receding  aihninistration  of  our  <iovernment, 
the  extension  of  the  line  on  the  forty-ninth  p;irallel  to  the  strait  of  I'uca,  as  now 
proposed  by  Lord  Aberdeen,  was  actually  suggested  by  my  immediate  ])rcdccessor 
as  one  he  thought  his  Government  might  accept;  and  that,  in  regard  to  tho.se 
Knglish  subjects  who  would  be  left  within  American  jurisdiction  by  adopting  that 
boundary,  he  considererl  the  provisions  of  the  second  article  of  Jay's  treaty  as  a 
precedent  for  a  convenient  mode  of  dealing  with  them.  By  the  second  article  of 
Jay's  treaty,  however,  Hritish  subjects  woulil  not  only  be  .secured  in  the  absolute 
title  to  all  their  lands  and  effects  as  fully  cs  by  Lord  .\berdeen's  proposition,  but 
would  be  allowed  the  option  to  continue  as  liri'ish  subjects,  and  without  any  al- 
legiance to  the  (Government  of  the  United  L^tatcs,  which,  according  to  Lord  Aber- 
deen's offer,  as  I  understand  it,  they  would  not  possess.  In  point  of  fact,  there- 
fore, the  substantial  points  of  the  present  offer,  and  those  which  may  be  expected 
to  be  regarded  as  most  objectionable,  are  little  more  than  the  embodiment  of  the 
various  offers  or  suggestions  which,  at  different  times,  have,  in  some  form  or  other, 
proceeded  from  our  own  negotiators. 

I  have  myself  always  beheved,  if  the  extension  on  the  line  of  boundary  on 
the  forty-ninth  parallel  by  the  stait  of  Fuca  to  the  sea  would  be  acceptable  to  our 
Government,  that  the  demand  of  a  right  to  freely  navigate  the  Columbia  river 
could  be  compromised  upon  a  point  of  time  by  conceding  it  for  such  period  as 
might  be  necessary  for  the  trade  of  the  Hudson's  Hay  Company  north  or  .south  of 
the  forty-ninth  parallel.  Entertaining  great  confidence  in  that  opinion,  and 
deeming  it  only  reasonable,  I  confess  that,  from  an  early  period,  I  have  used 
every  argument  and  persuasion  in  my  power  to  reconcile  Lord  Aberdeen  to  such  a 
limitation;  and,  although  I  am  cjuite  aware  that,  with  a  portion  of  the  British 
public,  an  importance  it  by  no  means  deserves  is  attached  to  the  navigation  of 
the  Columbia  river,  ami  that  in  others  it  is  undeservedly  regarded  as  a  point  of 
pride,  I  have  been  disappointed  by  the  pertinacity  with  which  it  has  been,  at  so 
nmch  risk,  insisted  upon.  I'eeling  verj'  sure,  however,  that  the  present  offer  is 
not  made  or  intended  as  an  ultimatum,  I  think  it  only  reasonable  to  infer  an  ex- 
pectation on  the  part  of  those  who  are  offering  it,  not  only  that  modifications  may 
be  suggested,  but  that  they  maj'  be  reasonably  required.  And  therefore  I  still  en- 
tertain the  opinion,  that  although,  from  a  variety  of  causes — in  part,  perhaps, 
from  an  expectation  that  in  the  United  States  this  point  may  not  be  absolutely 
insisted  upon,  and  in  part  from  deference  to  interests  and  impres.sions  at  home — 
they  could  not  be  induced  in  the  first  instance  to  make  an  offer  with  such  a  (|uali- 
fication  ;  yet  if  the  adjustment  of  the  question  should  be  found  to  depend  upon 
this  point  only,  they  would  yield  the  demand  to  the  permanent  navigation  of  the 
river,  and  be  content  to  accept  it  for  su':h  a  number  of  years  as  would  afford  all 
the  substantial  advantages  to  those  interests  they  have  particularly  in  view  that 
could  be  reasonably  desired.  If  the  only  question  upon  which  the  adjustment  of 
the  Oregon  ijuestion  depended  should  be  whether  the  navigation  of  the  Columbia 
river  should  be  granted  for  a  period  sufficient  to  subserve  all  the  purposes  of  the 


i 


M 


^'|f 


:ii.' 


Hi! 


.,  I  i 


f 


•70 


brown's  politicai,  history. 


I.S46 


I 


.., 


Hi- 


British  subjects  withiu  the  disputed  territory,  or  whether  the  rij;ht  should  he  ex- 
tended indefinitely  to  u  particular  class  oT  Hritish  sid)jects,  I  must  believe  that  no 
Knylish  statesman,  in  the  face  of  his  denial  of  a  similar  privilege  to  American 
citi/ens  in  regard  to  the  St.  hawrence,  would  take  the  hazard  u])on  this  point 
alone  of  disturbing  tiie  peace  of  the  world.  Indeed,  if  the  same  ministry  fn»m 
whom  the  present  offer  proceeds  should  continue  nuisters of  their  own  piojuxsition 
by  remaining  in  oflice  until  the  (|ualification  1  am  adverting  to  would  have  to  be 
dealt  with,  1  si    "dd  feel  entire  conlidence  in  the  belief  I  have  now  expressed. 

I  regret  to  say,  however,  that  I  have  not  the  least  expectation  that  a  less  res- 
ervation than  this  proposed  in  favor  of  the  occupants  of  land  between  the  Colum- 
bia and  the  forty-ninth  parallel  would  be  assented  to.  I  may  rejxat  my  convic- 
tion, founded  upon  all  the  discussions  in  which  1  have  been  engaged  here,  that, 
in  making  partition  of  the  Oregon  territory,  the  protection  of  those  interests 
which  have  grown  up  during  the  joint  occupation  is  regarded  as  an  indispensafde 
obligation  on  the  score  of  honor,  and  as  impossible  to  be  neglected,  I  am  (juite  sure 
that  it  was  at  one  time  in  contemplation  to  insist  upon  the  free  navigation  of  the 
Columbia  river  for  Hritish  subjects  and  Uritish  commerce  generally,  and  that  it 
has  been  ultimately  confined  to  the  Hudson's  Hay  Company,  after  great  resistance, 
and,  in  the  end,  most  reluctantly.  Heing  so  confined,  however,  it  would  be  only 
reasonable  to  limit  the  enjoyment  of  the  right  to  a  period  beyond  which  the  com- 
pany might  have  no  great  ob  ?ctto  use  the  river  for  the  pur^ioses  of  their  trade. 
But  the  interests  of  the  Briti  .»  subjects  who  have  settled  upon,  and  are  occupy- 
ing lands  north  of  the  forty-ninth,  are  considered  as  permanent,  and  entitled, 
when  passing  under  a  new  jurisdiction,  to  have  their  possessions  secured.  This, 
at  least,  is  the  view  taken  of  the  subject  by  this  Government,  and  not  at  all  likely 
in  my  opinion  to  be  changed. 

I  may  add,  too,  that  I  have  not  the  least  reason  to  suppose  it  would  be  possible 
to  obtain  the  extension  of  the  49lh  parallel  to  the  sea,  so  as  to  give  the  southern 
cape  of  Vancouver's  island  to  the  United  States. 

It  may  not  be  amiss,  before  leaving  this  subject,  to  call  your  attention  to  the 
position  of  the  present  ministry.  The  success  of  their  measures  respecting  the  pro- 
posed commercial  relaxations  is  quite  certain  ;  and  the  corn  bill,  having  now  fin- 
ally passed  the  House  of  Commons,  may  be  expected,  at  no  remote  day,  to  pass 
the  Lords  by  a  majority  no  less  decisive.  I'rom  that  time,  however,  the  tic  which 
has  hitherto  kept  the  Whig  party  in  support  of  Sir  Robert  Peel  will  be  dissolved  ; 
and  the  determination  of  the  protectionist  party,  who  suppose  themselves  to  have 
been  betrayed,  to  drive  him  from  office,  has  lost  none  of  its  vigor  or  power.  In- 
deed, it  is  confidently  reported,  in  quarters  entitled  to  great  respect,  that  they 
have  even  offered  to  the  leader  of  the  Whig  party  to  select  his  own  time,  and  that, 
when  he  is  ready,  they  will  be  no  less  prepared  to  force  the  ministers  to  resign.  I 
have  reason  to  know  that,  at  present,  ministers  themselves  believe  a  change  to  be 
inevitable,  and  are  considering  oidy  the  mode  and  the  time  in  which  it  will  most 
likely  happen.  It  will  not  be  long,  after  the  success  of  the  mea.sures  for  the  repeal 
of  the  "corn  laws,"  before  opportunities  enough  for  the  accomplishment  of  the 
object  will  occur.  The  "factory  bill,"  regulating  the  hours  of  labor,  will  afford 
one,  and  most  probably  that  on  which  the  change  will  take  place.  With  a  Vnowl- 
ed{i,e  that  the  change,  sooner  or  later,  must  be  unavoidable,  and  that  the  ofTer  has 
been  made  to  the  probable  head  of  a  new  ministry  to  select  his  owJi  time,  may  it 
not  be  expected  that,  instead  of  waiting  quietly  to  allow  the  Whig  leader  to  select 
the  time  of  coming  in,  the  present  Premier  will  rather  select  his  own  time  and 
mode  of  going  out,  and,  with  his  usual  sagacity,  so  regulate  his  retirement  as  to 


m 

1     U 


TWT 


r^ 


1846 


PROVISIONAL  OOVKRXMKNT. 


871 


leave  as  few  obstacles  as  possible  to  his  restoration  to  power  ?  ItJ  that  case  it  is  !iot 
very  unlikely  he  w»)Ul(l  iirefer  ^oin^  out  upon  the  "  factory  bill,"  bt'Torc  taking 
ground  upon  more  important  measures  ;  aiitl,  if  so,  it  will  not  siir]iiisf  me  to  wit- 
ness the  ctimiu)^  in  of  a  new  ministry  by  the  end  of  June,  or  earlier. 

With  a  knowlejlge  of  the  proposition  now  to  l)eniade,  I  am  not  pri])ared  tosay 
that  one  more  objictionable  miji;lil  have  been  apjjrehendcd  from  a  W'Iul;  ministry  ; 
unless,  indeed,  the  present  Government  may  l)e  hU])posed  to  l)e  prepared  to  accept 
qualifications,  when  proposed  by  the  I'resident,  wliicli  it  was  unwiiliiijj  at  first  to 
offer.  Upon  that  supposition,  it  mijiht  bi- i'  rablo  that  tlie  niodifie-alioiis  should 
be  offered  before  the  coming  in  of  a  new  miui.-.er,  wlio,  iuidiiij,'  only  the  acts  of  his 
predecessor,  without  a  knowledge  of  his  ii.tentions,  might  not  be  so  ready  to  take 
the  responsibdity  of  assenting  to  a  rlr  ii^^e. 


MESSAGE  I'ROM  THK  PRKSIDTNT  OF  THE  UNITED  STATES. 

Coinniunicaling  a  convenli.Di   with    (treat  Britain,    concluded   at    Washinf^ton, 

June  IS,  />>/<>. 
To  the  Senate  of  the  United  States  : 

In  accordance  with  the  resolution  of  the  Senate  of  the  12th  instant,  that  "the 
President  of  the  I'nited  States  be  and  he  is  hereby  advised  to  accept  the  proposal 
of  llie  IJritish  Government,  accompanying  his  message  to  the  Senate,  dated  loth 
June,  1.S46,  for  a  convention  to  settle  boundaries,  \-.o.,  between  the  United  States 
anil  Great  Britain,  west  of  the  Rocky  or  Stony  mountains."  a  convention  was  con- 
cluded and  signed  on  the  15th  instant,  by  the  Secretary  of  vState  on  the  part  of  the 
United  vStates,  and  the  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Her 
Britannic  Majesty  on  the  part  of  Great  Britain. 

This  convention  I  now  lay  before  the  Senate  for  their  consideration,  with  a 
view  to  its  ratification. 

Wa.su iNGTON,y««r  16,  1S46.  JAMES  K.  POLK. 


Convention  betiveen  the  Ihiitcd  States  of  America  and  Her  Majesty  the  Queen 
of  the  I'nited  Kingdofn  of  Great  liritain  and  Ireland,  concluded  at  Wash- 
ington, the  i^th  of  June,  /S/6. 

The  United  vStates  of  America  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  deeming  it  to  be  desirable,  for  the  future  welfare 
of  both  countries,  that  the  state  of  doubt  and  uncertainty  which  has  hitherto  pre- 
vailed respecting  the  soveicignty  and  government  of  the  territory  on  the  north- 
west coast  of  America,  lyitig  westw.trd  of  the  Rocky  or  Stony  mountains,  should 
be  finally  terminated  by  an  amicable  compromise  of  the  rights  mutually  asserted 
by  the  two  parties  over  the  said  territory,  have  respectively  named  plenipotenti- 
aries to  treat  and  agree  concerning  the  terms  of  such  settlement ;  that  is  to  say,  the 
President  of  the  United  States  of  America  has  on  his  part  furnished  with  full 
powers  James  Buchanan,  Secretary  of  State  of  the  United  States;  and  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland  has  on  her  part  ap- 
pointed the  right  honorable  Richard  Pakenham,  a  member  of  Her  Majesty's  most 
honorable  privy  council,  and  Her  Majesty's  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  United  States ;  who,  after  having  communicated  to  each 
other  their  respective  full  powers,  found  in  good  and  due  form,  have  agreed  upon 
and  concluded  the  following  articles  : 


172 


brown's  political  history. 


1846 


I. 


Articlk  I. 
I'roni  the  point  on  the  I'oity-innth  parallel  of  north  latitude  where  t}ie  hound 
ary  laid  down  in  existini;  treaties  and  conventions  hetween  the  United  .States  and 
Great  IJritain  terminates,  the  line  of  houndary  lietweu  the  territories  of  the  United 
.States  and  those  of  Her  Britannic  IMajesty  shall  lie  continued  westward  alonji  the 
said  fort\  ninth  parallel  of  north  latitude  to  the  middle  of  the  channel  which  separates 
the  continent  f  om  Y  .nconver's  island,  and  thence  southerly  throuj^h  the  middle 
of  the  said  channel  and  of  h'uca's  straits  to  the  Pacific  ocean  :  /'roi'i'ded,  /nnucirr. 
That  the  navigation  ot  the  whole  of  the  said  channel  and  straits,  south  of  the  forty- 
ninth  parallel  of  north  latitude,  remain  free  and  open  to  both  parties. 

ARTICI.K  II. 
From  the  point  at  which  the  forty-ninth  parallel  of  north  latitude  shall  he 
found  to  intersect  the  great  northern  hranch  of  the  Columbia  river,  the  navigation 
of  the  said  branch  shall  he  free  and  open  to  the  Hudson's  Bay  Company  and  to  all 
British  suljjects  trading  with  the  same,  to  the  point  where  the  said  main  stream  to 
the  ocean,  with  free  access  into  and  through  the  said  river  or  rivers  ;  it  being  un- 
derstood that  all  the  usual  portages  along  the  line  thus  described  shall  in  like  man- 
ner be  free  and  open.  In  navigating  the  said  river  or  rivers,  British  subjects,  with 
their  goods  and  produce,  shall  be  treated  on  the  same  footing  as  citizens  of  the  Uni- 
ted States  ;  it  being,  however,  always  understood  that  nothing  in  this  article  shall 
be  construed  as  preventing,  or  intended  to  prevent,  the  Government  of  the  United 
States  from  making  any  regulations  respecting  the  navigation  of  the  said  river  or 
rivers,  not  inconsistent  with  the  present  treat)-. 

Article  III. 

In  the  future  appropriation  of  the  territory  south  of  the  forty-ninth  parallel  of 
north  latitude,  ps  provided  in  the  first  article  of  this  treaty,  the  possessory  rights  of 
the  Hudson's  Bay  Company,  and  of  all  British  subjects  who  may  be  already  in  the 
occupation  of  land  or  other  property  lawfully  acquired  within  the  said  territory, 
shall  be  respected. 

Article  IV. 

The  farms,  lauds,  and  other  property  of  every  description,  belonging  to  the 
Puget's  Sound  Agricultural  Company,  on  the  north  side  of  the  Columbia  river 
shall  be  confirmed  to  the  said  company.  In  case,  however,  the  situation  of  those 
farms  and  lauds  should  be  considered  by  the  United  States  to  be  of  public  and  po- 
litical importance,  and  the  United  States  Government  should  signify  a  desire  to  ob- 
tain possession  of  the  whole  or  of  any  part  thereof,  the  property  so  required  shall 
be  transferred  to  the  said  Government,  at  a  proper  valuation  to  be  agreed  upon  be- 
tween the  parties. 

Article  V. 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United  .States,  by 
and  with  the  advice  and  conse.it  of  the  Senate  thereof,  and  by  Her  Britannic  Maj- 
esty ;  and  the  ratifications  shall  be  exchanged  at  Loudon  at  the  expiration  of  si.» 
months  from  the  date  hereof,  or  sooner  if  possible. 

lu  witness  whereof,  the  respective  pk.iipoteutiaries  have  signed  the  same,  and 
have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Washington  the  fifteenth  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-six, 

[L.  s.]  JAMFS  BUCHANAN. 

[i,.  s.]  RICHARD  PAKENHAM. 


1846 


e  bound 
tales  and 
.e  United 
ilon}4  llie 
rieparales 
e  middle 
hoivci'cr, 
the  forty- 


shall  be 
avij^ation 
md  to  all 
itrcani  to 
being  un- 
like man- 
sets,  with 
f  the  Uni- 
ticle  shall 
lie  United 
d  river  or 


1846  PROVISIONAL   GOVKKNMENT.  273 

BY  THE  PRESIDENT  OK  THE  UNITED  STATES  (3E  AMERICA. 

A    PROCLAMATION. 

Whereas,  a  treat}'  between  the  United  .States  of  America  and  Her  IMajesty  the 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland  was  concluded  and 
signed  by  their  plenipotentiaries  at  Washington  on  the  fifteenth  day  of  June  last. 

And  whereas  the  said  treaty  has  been  duly  ratified  on  both  parts,  and  the  re- 
spective ratifications  of  the  same  were  exchanged  at  London,  on  the  seventeenth 
ultimo,  by  Louis  McLane,  Envoy  Extraordinary  and  Minister  I'lenipotentiar}-  of 
the  United  States,  and  Viscount  I'almerston,  Her  Britannic  Majesty's  Principal 
Secretary  of  State  for  Foreign  Affairs,  on  the  part  of  their  respective  Governments. 

Now,  therefore,  be  it  known  that  I,  James  K.  Polk,  President  of  the  United 
States  of  America,  have  caused  the  said  treaty  to  be  made  public,  to  the  end  that  the 
same,  and  every  clause  and  article  thereof,  may  be  observed  and  fulfilled  with  good 
■  faith  by  the  United  .States  and  the  citizens  thereof. 

In  witness  whereof,  I  have  hereunto  .set  my  hand  and  caused  the  seal  of  the 
I'niled  States  ,0  be  affixed. 

Done  at  the  city  of  Wa.shington,  this  fifth  day  of  August,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  furty-six,  and  the  Independence  of  the  Uni- 
ted States,  the  seventy -first. 

[.SKAi..]  JAMES    K.   POLK. 

By  the  President  :    J.\MKS  Buchanan; 

Secretary  of  State. 


i 
i 


parallel  of 
,•  rights  of 
idy  in  the 
territory, 


ing  to  the 
nbia  river 
1  of  those 
ic  and  po- 
sire  to  ob- 
lircd  shall 
1  upon  be- 


States,  by 
innic  Maj- 
lion  of  SK> 

same,  and 

Lord  one 

AN. 
INHAM. 


MESSAGE  FROM  THE   PRESIDENT  OF  THE  UNITED  vSTATES. 

Communicating  documents  not  heretofore  communicated  to  the  Senate  relative 

to  the  Oregon   Territory,  in  answer  to  the  resolution  of  the  Senate  of  ijth 
func,  1S46. 
To  the  Senate  of  the  United  States  : 

I  herewith  transmit,  in  compliance  with  the  request  of  the  Senate  in  their  res- 
olution of  the  17th  of  June,  1S46,  a  report  of  the  Secretary  of  State,  together  with 
a  copy  of  all  "  the  dispatches  and  instructions"  "relative  to  the  Oregon  treat}-," 
"  forwarded  to  our  minister,  Mr.  McLane,"  "  not  heretofore  communicated  to  the 
.Senate,"  including  astateineiitof  the  propositions  for  the  adjustment  of  the  Oregon 
question  previously  made  and  rejected  by  the  respective  Governments.  This  .state- 
ment was  furnished  to  Mr.  McLane  before  his  departure  from  the  country,  and  is 
dated  on  the  12th  July,  1845,  the  day  on  which  the  note  was  addressed  by  the  Sec- 
retary of  State  to  Mr.  Pakenham,  offering  to  settle  the  controversy  by  the  49th 
parallel  of  latitude,  which  was  rejected  by  that  minister  on  the  29th  July  following. 

The  Senatu  wiU  perceive  that  extracts  from  but  two  of  Mr.  McLane's  "dis- 
patches and  comoiuuications  to  this  Government"  are  transmitted  ;  and  these  only 
because  they  were  necessary  to  explain  the  answers  given  to  them  by  the  Secretary 
of  State. 

These  dispatches  are  both  numerous  and  voluminous,  and,  from  their  confi- 
dential character,  their  publication,  it  is  believed  would  be  highly  prejudicial  to 
the  public  interests. 

Public  considerations  alone  have  induced  me  to  withhold  the  dispatches  of 
Mr.  McLane,  addressed  to  the  Secretary  of  State.  I  concur  with  the  Secretary  of 
State  in  the  views  presented  in  his  1  eport,  herewith  transmitted,  against  the  publi- 
cation of  these  dispatches. 


fll 


:•) 


■1  j 


ih. 


I 


274 


brown's  poijtical  history. 


1846 


Mr.  McLane  has  performed  his  whole  duty  to  his  country  :  and  I  am  not  only 
willing,  but  anxious,  th  it  every  Senator  who  may  desire  it  shall  have  an  opportu- 
nity of  perusing  these  dispatches  at  the  1  )epartnient  of  State.  The  Secretary  of 
vState  has  been  instructed  to  afford  every  facility  for  this  purpose. 

Washington,/?//;' i>/,  /S^6.  JAMKS  K.  I'OLK. 

To  tke  President  of  the  (  fitted  States: 

The  Secretary  of  vState  to  whom  was  referred  the  resolution  of  the  Senate  of 
the  17th  ultimo,  requesting  the  President  "to  communicate  to  the  Senate  a  copy 
of  all  the  correspondence  which  has  taken  place  between  this  Government  and 
that  of  Great  Britain  relative  to  the  Oregon  treaty,  together  with  the  di.spatches 
and  instructions  forwarded  to  our  minister,  Mr.  McLane,  and  a  full  and  complclt- 
copy  of  his  dispatches  and  communications  to  this  Government  on  tlif 
same  subject,  not  heretofore  communicated  to  the  vSenate,"  respectfully  reports 
that  no  correspondence  has  taken  place  between  this  Government  and  that  of 
Great  Britain,  relative  to  the  Oregon  treaty,  which  has  not  heretofore  been  com- 
municated to  the  Senate.  The  {secretary  of  vState  herewith  submits  to  the  Presi- 
dent copies  of  all  "the  dispatches  and  instructions  forwarded  to  our  minister,  Mr. 
McLane,  and  also  a  full  and  complete  copy  of  his  dispatches  and  communications 
to  this  Government,"  on  the  subject  of  the  Oregon  treaty,  "  not  heretofore  com- 
municated to  Congress.  He  also  submits  the  copy  of  a  note  from  Lord  Aberdeen 
to  Mr.  McLane,  dated  on  the  22d  of  May  last. 

In  regard  to  his  own  "  dispatches  and  instructions"  to  Mr.  McLane  the  Sec- 
retary is  not  aware  of  any  public  considerations  which  now  oppose  their  trans- 
mission to  the  Senate.  On  the  contrary,  he  deems  it  eminently  proper  that  entire 
copies  of  them  all  should  be  furnished  to  that  body  without  further  delay. 

In  regard  to  the  dispatches  of  Mr.  McLane  to  this  Government,  a  serious 
question  ari.ses  as  to  the  propriety  of  communicating  them  to  the  Senate.  This 
question  he  deems  it  proper  to  present  to  the  President  for  his  determination  ;  be- 
cause its  decision  may  involve  consequences  for  all  future  time,  essentially  affect- 
ing the  ability  of  the  executive  department  of  the  Government  to  conduct  our 
intercourse  with  foteign  nations  in  such  manner  as  best  to  promote  the  public  in- 
terest. 

It  is  a  primary  duty  of  a  foreign  minister  to  commimicate  freely  to  his  Gov- 
ernment all  that  he  sees  or  hears,  which  can  have  any  bearing  upon  the  interests 
of  his  country,  together  with  his  own  opinions  and  speculations  upon  passing 
events,  both  at  home  or  abroad,  connected  with  the  object  of  his  mission.  It  is 
his  business  to  seek  information  from  every  source  within  his  reach,  and  to  place 
his  own  Government  in  possession  of  all  that  he  accjuires.  vSuch  information  is 
essential  to  enable  this  Government  successfully  to  perform  its  duties  to  the 
country,  in  our  present  extended  intercourse  with  foreign  nations.  Whatever, 
therefore,  would  tend  to  close  up  the  .sources  of  information  against  our  diplomatic 
agents  abroad,  or  to  deter  them  from  freely  communicating  all  the  information 
in  their  possession,  could  not  fail  to  prove  seriously  detrimental  to  the  national  in- 
terest. 

Mr.  McLane  has,  in  the  fullest  manner,  performed  his  duty  in  this  respect. 
His  dispatches  are  both  numerous  and  voluminous.  He  has  kept  the  department 
well  advised  of  all  that  it  was  necessary  for  it  to  know  in  relation  to  the  different 
and  varying  aspects  which  the  Oregon  (juestion  has  assume'!  in  P)n^l;ind.  No  per- 
.son,  however,  who  peruses  these  dispatches  can  .suppose  that,  with  the  exception 
of  very  small  portions  of  them,  tliey  were  intended  for  publication,  or  that  the 
probalnlity  of  such  an  event  had  been  contemplated  by  him. 


1 


^iwn 


1846 


1846 


PROVISIONAL   GOVERNMENT, 


275 


If,  under  such  circumstances,  his  conversations  with  individuals  in  office  and 
out  of  office,  which  from  their  very  nature  were  confidential,  should  be  published 
to  the  world,  this  would  have  a  strong  tendency  to  obstruct  every  avenue  of  in- 
formntion  against  our  diplomatic  agents,  and  greatly  to  impair  their  usefulness; 
and,  on  great  occasions,  the  possibility  of  a  candid  disclosure  to  them  of  the  in- 
tentions of  a  foreign  Government,  or  the  real  motives  which  might  control  the 
action  of  its  ministers  would  be  entirely  out  of  the  question.  Persons  intrusted 
with  the  conduct  of  foreign  affairs  in  other  countries  would  feel  the  necessity  of 
observing  towards  our  diplomatic  agents  a  guarded  silence,  diffijrent  from  the 
course  which  might  safely  be  pursued  towards  the  ministers  of  other  powers. 
Tlie  private  and  confidential  intercourse  between  ministers  of  diffijrent  countries, 
which  often  leads  to  the  most  important  and  beneficial  results,  would  cease  to  exist 
in  regard  to  the  ministers  of  the  United  States.  In  thi.-.  manner  one  of  the  great 
purposes  of  sending  ministers  abroad  would  be  deft  uted. 

Besides,  the  publication  of  such  communications,  especially  if  coupled  with 
the  minister's  unreserved  comments,  made  confidentially  to  his  own  Government, 
would  place  him  in  a  position  towai'ds  those  whose  confidence  he  had  thus  been 
made  instrumental  in  violating,  which  no  honorable  man  would  desire  to  occupy. 

The  publication  of  such  dispatches  would  exercise  an  unhappy  influence  upon 
the  conduct  of  our  diplomatic  agents.  In  order  to  shield  themselves  from  reproach, 
they  might  then  be  induced  either  to  communicate  important  information,  with 
their  observations  upon  it,  in  private  letters,  and  through  other  channels  not  sub- 
ject to  official  inspection,  or  to  refrain  altogether  from  making  communications 
except  such  as  might  be  published  to  the  world  without  unpleasant  consequences 
to  themselves.  In  the  first  case,  that  information  which  ought  to  exist  in  the 
archives  of  the  department  for  the  use  of  the  Government  in  all  future  time 
would  be  confined  to  a  few  individuals,  and  in  the  last,  the  Government  might 
be  deprived  of  the  information  necessary  to  avert  danger  from  the  country,  or 
to  promote  the  l)est  interests  of  the  people  in  their  intercourse  with  foreign 
nations. 

The  Secretary  is  deeply  sensible  that,  from  the  very  nature  of  our  institutions 
the  greatest  publicity  ought  to  be  given  to  the  conduct  of  all  public  agents.  There 
should  be  no  exceptions  to  this  rule,  unless  in  cases  where  the  public  interest  im- 
peratively demands  it.  Whether  this  be  such  a  case,  is  respectfully  presented  for 
the  decision  of  the  President. 

Public   considerations  alone  have   induced  the  Secretary  of  State  to  make 
these   suggestions.      In    performing  this  duty,  he  need  scarcely  say  that   every 
facility  for  this  purpose  will  most  cheerfully  be  afforded  at  the  Department  of 
State  to  any  Senator  who  may  desire  to  peruse  the  dispatches  of  Mr.  McLane. 
All  which  is  respectfully  submitted  by 

JAMES  BUCHANAN. 

Jl/r.  Buchaitati  to  Mr.  McLane. 
Dkpartmknt  of  State,  Washington,  July  12,  1845. 
Sir  :  Although  the  President  does  not  intend  to  transfer  the  Oregon  negoti- 
ation from  Washington  to  London,  yet,  as  Her  Britannic  Majesty's  ministers  will 
doubtless  afford  you  frequent  opportunities  of  conversing  on  the  subject,  it  is 
proper  that  you  should  be  well  informed  of  the  present  state  of  the  question. 
For  this  purpose  it  is  necessary  to  furnish  you  with  a  brief  historical  sketch  of 
the  propositions  for  its  adjustment  which  have  been  heretofore  made  and  rejected 
by  the  respective  governments. 


I .  j 


It  1 

;     i 

*J 

( 

i 

i 
i 

-    ■    T 

'      :h 

:  \ 

i  t- 


'  :  ! 


ii 


276 


BROWN  S   POLITICAL   HISTORY. 


1846 


The  first  negotiation  was  that  of  1818,  which  terminated  in  the  convention  of 
the  20th  of  October  of  that  year.  It  was  conducted  by  Messrs.  Gallatin  and 
Rush,  as  American  Plenipotentiaries,  in  obedience  to  instructions  from  Mr. 
.\dams,  then  Secretary  of  State  under  Mr.  ISIonroe's  administration.  Our  Pleni- 
potentiaries inform  us  that  they  did  not,  on  that  occasion,  "assert  that  the  United 
States  had  a  perfect  right  to  the  country,  but  insisted  that  their  claim  was  at  least 
good  against  Great  Britain."  They,  therefore,  offered  to  compromise  by  adopt- 
ing the  ])arallel  of  forty-nine  degrees  as  the  dividing  line  betweed  the  two  coun- 
triei,  and  by  surrendering  to  Great  IJritain  the  free  navigation  of  the  rivers  (the 
Columbia,  of  course,  included)  which  might  be  dissected  by  this  line.  The  Brit- 
ish Plenipotentiaries  (Messrs.  Robinson  and  Goulbumi  in  answer,  "  did  not  make 
any  formal  proposition  for  a  lioundary,  but  intimated  that  the  river  itself  was  the 
most  convenient  that  could  be  adopted,  and  that  they  would  not  agree  to  any  that 
did  not  give  them  the  harbor  at  the  mouth  of  the  river  in  common  with  the 
United  States."  But  althoug!i  they  did  not  propose  a  permanent  boundary,  they 
did  make  a  most  extraordinary  proposition  to  the  American  Plenipotentiaries, 
which  was  instantly  and  properly  rejected.  This  was  no  less  in  effect  that  the 
United  States  should  surrender  to  Great  Britain  the  exclusive  sovereignty  overthe 
whole  territory  north  of  49  degrees,  whilst  that  portion  of  it  which  lies  between 
the  45th  and  49th  parallels,  embracing  the  mouth  and  nearly  the  whole  course  of 
the  Columbia  river,  should  "  be  free  and  open  to  the  subjects  and  citizens  of  the 
two  States  respectiveh',  for  the  purpose  of  trade  and  commerce,"  reserving  the 
claims  of  the  respective  parties,  not  to  the  whole  territory,  but  to  this  section  of 
it  merely. 

This  negotiation  resulted  in  the  adoption  of  the  third  article  of  the  conven- 
tion of  the  20th  of  October,  181 8,  under  which  the  United  States  so  far  yielded 
to  the  claims  of  Great  Britain  as  to  agree  that  the  whole  territory  should  ' '  be 
free  and  open,  for  the  term  of  ten  years  from  the  date  of  the  signature 
of  the  present  convention,  to  the  vessels,  citizens  and  subjects  of  the  two  powers." 

The  second  negotiation  on  this  subject,  during  the  administration  of  Mr. 
Monroe,  was  conducted,  in  1824,  by  Mr.  Rush  as  the  American  Plenipotentiary, 
under  the  instructions  of  IMr.  Adams.  In  the  meantime  the  United  States  ha  ' 
acquired  the  Spanish  title,  embracing  the  whole  territory  in  dispute,  under  the 
Florida  treaty  of  the  22d  of  February,  18 19;  and  Mr.  Monroe  had  made  his  celebrated 
declaration  to  the  world,  that  the  American  continent  should  no  longer  be  subject 
to  colonization.  Notwithstanding  this  change  in  the  lelative  position  of  the 
parties,  Mr.  Monroe,  anxious  to  settle  the  conflicting  claims  of  Ru.ssia,  Great 
Britain  and  the  United  States,  to  the  territory  on  the  northwest  coast  of  America, 
and  knowing  that  this  could  only  be  done  by  compromise,  authorized  Mr.  Rush, 
through  the  instructions  of  ^Ir.  Adams,  dated  the  22(1  July,  1823,  "  with  a  view  to 
draw  a  definite  line  of  demarcation  for  the  future,  to  stipulate  that  no  settlement 
shall  be  made  on  the  northwest  coast,  or  on  any  of  the  islands  thereto  adjoining, 
by  Russian  subjects,  south  of  latitude  ,55  ;  by  citizens  of  the  United  States  north 
of  latitude  51  degrees,  or  by  British  subjects  either  south  of  51  or  north  of  55.  I 
mention  (says  Mr.  Adams)  the  latitude  of  51  as  the  bound  within  which  we  are 
willing  to  limit  the  future  settlement  of  the  United  States,  because  it  is  not  to  be 
doubted  that  the  Columbia  river  branches  as  far  north  as  51."  "As,  however, 
the  line  already  runs  in  latitude  49  degrees  to  the  vStony  mountains,  should  it  be 
earnestly  insisted  upon  by  Great  Britain,  we  will  consent  to  carry  it  in  continu- 
ance on  the  same  parallel  to  the  sea." 

Mr.  Rush,  with  great  ability,  attempted  to  execute  his  instructions.     He  first 


I. , 


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PROVISIONAL   GOVERNMENT. 


277 


He  first 


proposed  51  degrees,  and  afterwards  49  degrees,  but  in  vain.  These  propositions 
were  severally  rejected  by  the  British  Plenipotentiaries  (Messrs.  Huskis.son  and 
Stratford  Canning),  who  proposed  the  49th  parallel  as  a  permanent  boundary  be- 
tween the  two  countries  until  it  should  strike  the  northeastemmost  branch  of  the 
Columbia  river  (McGillivray's)  and  thence  down  the  same  to  its  junction  with  the 
ocean,  "the  navigation  of  the  whole  channel  being  perpetually  free  to  the  sub- 
jects and  citizens  of  both  parties."  This  proposition  was  rejected  by  Mr,  Rush, 
and  here  the  negotiation  ended. 

The  third  negotiation  on  this  subject  took  place  in  1826-7,  during  the  admin- 
istration of  Mr.  Adams,  and  was  conducted  by  Mr.  Gallatin  as  American  Plenipo- 
tentiary, under  instructions  from  Mr,  Clay,  then  Secretary  of  State.  The  third 
article  of  the  convention  of  October,  1818,  was  about  to  expire  by  its  own  limita- 
tion ;  and  a  most  formal  and  serious  effort  was  then  made  finally  to  adju-st  this 
vexed  question  ;  but  it  utterly  failed.  This  negotiation  displays  great  research  and 
ability  on  both  sides.  Mr.  Gallatin,  in  behalf  of  the  United  States,  again  offered 
to  compromise  the  question  by  adopting  the  49th  parallel  of  latitude  as  the  divid- 
ing line  between  the  two  countries  west  of  the  Rocky  mountains,  and  to  agree 
that  the  navigation  of  the  Columbia  should  ' '  be  perpetually  free  to  the  subjects 
of  Great  Britain  in  common  with  the  citizens  of  the  United  States,"  provided  this 
line  should  strike  the  northeastemmost  or  any  other  branch  of  that  river  at  a 
point  from  which  it  was  navigable  for  boats. 

This  offer  was  rejected  by  the  British  Plenipotentiaries  (Messrs.  Huskisson 
and  Addington)  in  very  strong  terms.  They  repeated  the  offer  which  had  been 
made  to  Mr.  Rush  on  the  part  of  Great  Britain  in  1824,  with  this  addition,  that 
they  were  willing  to  concede  to  the  United  »States  the  possession  of  Port  Discov- 
ery, on  the  southern  coast  of  De  Fuca's  inlet,  and  annex  thereto  "all  that  tract 
of  country  comprised  within  a  line  to  be  drawn  from  Cape  Flattery,  along  the 
southern  shore  of  De  Fuca's  inlet  to  Point  Wilson,  at  the  northwestern  extremity 
of  Admiralty  inlet ;  thence  along  the  western  shore  of  that  inlet,  across  the  en- 
trance of  Hood's  inlet,  to  the  point  of  land  forming  the  northeastern  extremity 
of  the  -aid  inlet ;  from  thence,  along  the  eastern  shore  of  that  inlet,  to  the  south- 
ern extremity  of  the  same  ;  from  thence  direct  to  the  southern  point  of  Gray's 
harbor ;  from  thence  along  the  shore  of  the  Pacific  to  Cape  Flattery  as  before 
mentioned. 

This  proposition  was  rejected  by  Mr,  Gallatin,  and  the  negotiation  terminated 
in  the  convention  of  .\ugust  6,  1827,  which  continued  the  third  article  of  the  con- 
vention of  October,  1818,  until  it  should  be  abrogated  by  the  one  party  or  the 
other,  by  giving  a  notice  of  twelve  months  to  that  effect.  This  convention  has 
ever  since  remained  in  force  ;  and  ever  since,  under  its  provisions,  the  subjects  of 
Great  Britain  have  enjoyed  the  same  rights  over  the  whole  territory  as  the  citizens 
of  the  United  States.  This  joint  occupation  has  continued  for  more  than  a  quar- 
ter of  a  century  ;  and  it  is  not  to  ])e  supposed  that  the  British  Government  will 
now  consent  by  negotiation  to  yield  to  us  the  whole  territory  up  to  54°  40',  after 
our  Government  had  thrice  offered  to  divide  it  by  the  parallel  of  49  degrees,  and 
they  had  thrice  refused  this  offer,  even  when  accompanied  by  a  giant  of  the  free 
navigation  of  the  Columbia. 

The  next  notice  of  this  question  will  be  found  under  the  administration  of 
General  Jackson.  It  is  contained  in  the  in.structions  of  Mr.  Livingston  to  Mr, 
Van  Buren,  dated  on  the  ist  of  August,  1831,  with  a  copy  of  which,  so  far  as  they 
relate  to  this  subject,  you  shall  be  furnished.  From  this,  you  will  perceive  that 
General  Jack.son's  administration,  so  far  from  objecting  to  the  occupation  of  the 


m- 


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fi 

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brown's  political  history. 


1846 


whole  territory  by  the  British  in  common  with  ourselves,  were  entirely  satisfied  to 
suffer  this  state  of  things  to  continue.  These  instructions  do  not  proceed  upon 
the  principle  of  claiming  the  whole  territory  for  the  United  States,  although  they 
express  a  strong  opinion  in  favor  of  our  right.  After  stating  that  the  term  of 
joint  occupation  was  indefinitely  continued  for  the  purpose,  in  the  language  of  the 
treaty,  "  of  giving  time  to  mature  measures  which  shall  have  for  their  object  a 
more  definite  settlement  of  the  claims  of  each  party  to  the  said  territory,"  they 
go  on  to  remark  that  "this  subject,  then,  is  open  for  discussion;  and  until 
the  rights  of  Lhe  parties  can  be  settled  by  negotiation,  ours  can  suffer  nothing  by 
delay." 

These  instructions  evidently  looked  to  a  settlement  of  the  rights  of  the  re- 
spective parties  by  negotiation,  and  not  to  an  absolute  exclusion  of  Great  Britain 
from  the  whole  territory. 

From  the  ist  of  August,  1831,  the  date  of  Mr.  Livingston's  instructions  to 
Mr.  Van  Buren,  until  the  9th  of  October,  1843,  no  further  notice  of  the  Oregon 
question  was  taken  in  any  instructions  from  this  department.  On  that  day  Mr. 
Upshur,  then  the  Secretary'  of  State  under  Mr.  Tyler's  administration,  addressed 
instructions  to  Mr.  Everett  on  the  subject.  Following  in  the  course  of  com- 
promise pointed  out  by  his  predecessors,  Mr.  Upshur  s,  ys  :  "The  offer  of  the 
49th  parallel  of  latitude,  although  it  has  once  1)een  rejected,  may  be  again  ten- 
dered, together  with  the  right  of  navigationg  the  Columbia  upon  equitable  terms. 
Beyond  this  the  President  is  not  now  prepared  to  go.  Nevertheless,  you  may 
propose  or  receive,  subject  to  the  approval  of  this  Government,  any  other  terms 
of  compromise,  which,  in  the  progress  of  your  discussions,  may  appear  to  prom- 
ise a  satisfactory  adjustment  of  this  important  cjuestion." 

Next  came  the  existing  negotiation  which  the  President  found  pending  on  his 
accession  to  office. 

This  negotiation,  like  all  which  had  preceded  it,  was  based  upon  the  principle 
of  compromising  the  claims  of  the  parties,  and  not  of  demanding  the  whole  ter- 
ritory for  the  United  States.  The  first  protocol  signed  by  Messrs.  Calhoun  and 
Pakenham,  on  the  23d  of  August  last,  states  that  it  was  instituted  "  to  treat  of  the 
respective  claims  of  the  two  countries  to  the  Oregon  territory,  with  the  view  to 
establish  a  permanent  boundary  between  the  two  countries  westward  of  the  Rocky 
mountains  to  the  Pacific  ocean," 

The  President,  at  a  very  early  period  of  his  administration,  was  called  upon 
to  decide  whether  he  would  break  off  or  continue  this  negotiation.  Placed  in 
such  a  responsible  position,  he  first  inquired  whether  the  national  honor  required 
that  he  should  abrupth-  terminate  it  by  demanding  the  whole  territory  in  dispute. 
War  before  dishonor,  is  a  maxim  deeply  engraven  upon  the  hearts  of  the  American 
people,  and  this  maxim  ever  shall  regulate  his  conduct  towards  foreign  nations. 
But  it  was  impossible  for  him  to  conceive  that  there  could  be  dishonor  in  pursuing 
the  course  which  had  been  adopted  by  Mr.  Monroe,  his  patriot  revolutionarj' 
predecessor,  more  than  a  quarter  of  a  century  ago,  and  had  been  either  expressly 
sanctioned  oi  acquiesced  in  by  all  succeeding  administrations. 

His  next  inquiry  was,  would  a  compromise  of  the  claims  of  the  parties,  by 
adopting  the  parallel  of  49  degrees,  materially  injure  the  interests  of  the  United 
States?  The  entrance  of  the  straits  of  Fuca,  Admiralty  inlet,  and  Puget's  sound, 
with  their  fine  harbors  and  rich  surrounding  soil,  are  all  south  of  this  parallel. 
We  know  but  little  of  the  country  north  of  it,  but  from  all  the  information  we 
have  obtained,  it  is,  with  the  exception  of  a  few  spots,  wholly  unfit  for  agriculture, 


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PROVISIONAL  GOVERNMENT. 


279 


and  incapable  of  sustaining  any  considerable  population.  Its  chief,  indeed  almost 
its  only  value,  consists  in  the  furs  which  may  yet  be  collected  upon  it;  and  even 
in  this  particular  it  is  not  of  much  importance. 

.\rbitration  being  out  of  the  (luestion,  the  alternatives  which  remained  were 
either  to  compromise  the  claims  of  the  parties  upon  terms  similar  to  those  which 
had  often  been  proposed  by  the  Government  of  the  United  States  and  rejected  by 
that  of  Great  Uritain,  or  to  demand  the  exclusive  sovereignty  over  the  whole  ter- 
ritory in  dispute,  and  thus  to  render  war  almost  inevitable.  In  the  present  en- 
lightened and  christian  age,  war  ought  to  be  the  very  last  alternative  of  nations, 
and  should  never  be  resorted  to  unless  for  a  cause  which  renders  it  imperatively 
necessary.  To  rush  into  hostilities,  if  this  can  be  honorably  avoided,  would  sub- 
ject the  United  States  to  the  condemnation  of  all  Christendom.  The  President 
doubts  whether  the  judgment  of  the  civilized  world  would  be  in  our  favor  in  a 
war  waged  for  a  comparatively  worthless  territory  north  of  49  degrees,  which  his 
predecessors  had  over  and  over  again  offered  to  surrender  to  Great  Britain,  pro- 
vided she  would  yield  her  pretensions  to  country  south  of  that  latitude.  Besides, 
a  war  for  such  a  cause,  whilst  it  -vould  doubtless  be  sustained  by  the  patriotism, 
might  not  meet  the  approbation  of  a  large  portion  of  our  own  fellow  citizens. 

On  the  other  hand,  suppose  the  American  proposition  of  the  49th  degree  of 
latitude  should  be  again  made  by  the  United  States  and  again  rejected  by  Great 
Britain,  and  war  then  be  the  consequence,  wc  might  appeal  to  all  mankind  for  the 
justice  and  moderation  of  our  demand.  The  \oice  of  an  impartial  world  would 
pronounce  our  cause  to  be  righteous,  and  our  own  citizens  would  be  enthusias- 
tically united  in  sustaining  such  a  war.  Should  the  negotiation  end  in  disappoint- 
ment, the  President,  having  done  all  that  can  be  required  of  him  for  the  preser- 
vation of  peace,  will  afterwards  feel  himself  perfectly  free  to  insist  upon  our  rights 
in  their  full  extent,  up  to  the  Russian  line. 

Influenced  by  these  important  considerations,  you  will  perceive  from  my  note 
to  Mr.  Pakenham,  a  copy  of  which  I  now  enclose  you,  that  the  President  has  once 
mo: e  proposed  to  the  Government  of  Great  Britain  that  the  territory  west  of  the 
Rocky  mountains,  which  has  been,  under  existing  treaties,  "free  and  open"  to 
the  occupation  of  both  nations  ever  since  1818,  shall  now  be  divided  between  them 
by  the  49th  parallel  of  north  latitude,  offering  at  the  same  time  to  make  free  to 
Great  Britain  any  port  or  ports  on  Vancouver's  island,  south  of  this  parallel, 
which  the  British  Government  may  desire. 

You  will  observe  that  the  jiroposition  is  silent  in  regard  to  the  navigation  of 
the  Columbia  river — a  privilege  wliich  has  heretofore  been  repeatedly  offered  to 
Great  Britain  in  former  attempts  to  settle  this  question.  Such  a  privilege  the  Pres- 
ident cannot  concede,  although  he  is  well  aware  of  the  serious,  if  not  insuperable 
obstacles  which  this  may  present  to  the  success  of  the  negotiation.  The  tenacity 
with  which  Groat  Britain  will  adhere  to  the  free  navigation  of  the  Columbia,  which  she 
now  enjoys,  is  manifest  from  the  note  of  ]Mr.  Pakenham  to  Mr.  Calhoun,  of  the 
12th  September  last,  with  a  copy  of  which  you  have  been  furnished. 

If  the  free  navigation  of  the  Columbia  were  granted  to  Great  Britain,  this 
would  be  perpetual  source  of  strife  and  cause  collision  between  the  citizens  and 
subjects  of  the  two  nations  in  those  remote  regions.  It  would  be  almost  impos- 
sible, by  any  vigilance  which  could  be  exerted,  to  execute  the  revenue  laws  of  the 
respective  countries,  and  prevent  smuggling  on  either  side  of  the  river.  Besides, 
there  arc  several  portages  around  the  falls  and  rapids  of  this  river  and  its  branches, 
the  use  of  which  is  necessary  to  the  enjoyment  of  its  free  navigation.     This  would 


i' 


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BROWN  S    POLITICAL   HISTORY. 


1846 


introduce  the  subjects  of  Great  Britain  with  their  merchandise  into  the  heart  of 
the  country,  and  thus  greatly  increase  the  evil  beyond  what  it  would  be  if  they 
were  cofined  to  the  channel  of  the  river.  The  President  is  desirous  to  adjust  the 
question  in  such  a  manner  as  to  leave  no  source  behind  from  which  might  pro- 
ceed new  diflBculties  and  new  dangers,  again  to  involve  the  peace  of  the  two  coun- 
tries. With  his  present  impressions,  he  can  never  yield  to  Great  Britain  the  free 
navigation  of  the  Columbia. 

It  is  to  be  hoped  that  Great  Britain  may  view  this  subject  in  the  satne  light, 
especially  as  within  the  last  few  years  rivers  have  been  explored  and  resorted  to 
north  of  49  degree  j,  on  which  her  trade  may  be  conducted  between  the  interior 
and  the  ocean,  wif'out  the  use  of  the  Columbia. 

Whilst  denying  this  privilege,  which  has  been  hitherto  so  often  offered,  it  may 
be  asked,  what  reason  have  we  to  hope  that  Great  Britain  may  now  accede  to  the 
naked  parallel  of  49  degrees?  There  would  be  little  or  none,  unless  our  proposi- 
tion had  contained  such  a  concession  in  some  other  particular  as  to  enable  her  to 
retreat  with  honor  from  her  former  demands.  This  will  be  found  in  our  offer  to 
I'lake  free  to  Great  Britain  any  port  or  ports  on  Vancouver's  island,  south  of  49  de- 
grees, which  the  British  Government  may  desire.  It  is  true,  this  is  but  a  trifling 
concession,  considering  the  small  portion  of  the  cap  of  Vancouver's  island  which 
lies  south  of  that  parallel  ;  and,  although  no  equivalent,  it  is  yet  something  which 
may  be  a  refuge  for  British  pride,  whilst  surrendering  the  free  navigation  of  the 
Ci)lumbia.  Besides,  as  they  have  in  their  last  proposition  so  far  gone  beyond  that 
of  1827  as  to  offer  to  make  free  to  the  United  Stales  any  port  or  ports  which  they 
might  desire,  either  on  the  main  land  to  Vancouver's  island,  south  of  latitude  49 
degrees,  our  offer  to  them  of  free  ports  on  the  southern  cap  of  that  island  may  be 
deemed  a  reciprocal  concession. 

Had  this  been  a  new  question,  you  are  fully  aware  that  the  President  never 
would  have  presented  such  a  proposition  ;  but  it  must  not  be  forgotten  that  the 
American  Government  never  dies,  although  the  agents  who  administer  it  are  per- 
petually changing.  Its  course  of  policy  towards  foreign  nations  should  not  change 
with  every  changing  administration  ;  but  ought  to  be  uniform  and  consistent,  un- 
less for  reasons  of  imperative  necessity. 

From  what  has  been  said,  you  will  perceive  how  wholly  impossible  it  is  for  the 
President  to  accept  any  terms  of  compromise  which  would  bring  the  British  south 
of  the  parallel  of  49  degrees  ;  and  this  you  may  intimate  to  the  British  ministers 
in  conversation,  should  you  deem  it  wise  under  all  the  circumstances.  The  only 
exception  to  this  rule  which  could  possibly  be  made  might  be  the  concession,  for 
an  adequate  equivalent,  of  the  small  cap  of  Vancouver's  island  south  of  this  latitude, 
which  would  be  of  no  importance  to  the  United  vStates,  whilst  it  is  of  considerable 
value  to  Great  Britain. 

Vou  will  enforce  our  proposition  upon  the  British  ministry  with  all  the  enlight- 
ened ability  of  which  you  are  so  eminently  the  master.  Should  it  be  rejected,  the 
P.esident  will  be  relieved  from  the  embarrassment  in  which  he  has  been  involved 
by  the  acts,  offers,  and  declarations  of  his  predecessors.  Afterwards,  if  the  diffi- 
culty can  only  be  resolved  by  the  sword,  we  may  then  appeal,  with  confidence,  to 
the  world  for  the  equity  and  justice  of  our  cause,  and  may  anticipate  the  smiles  of 
Heaven  upon  the  right. 

I  am,  &c.,  JAMES  BUCHANAN. 

Louis  McLane,  Esq.,  &c.,  &c. 


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PROVISIONAL   GOVERNMENT. 


281 


n 


Mr.  Buchanan  to  Mr.  McLane. 

Department  of  State,        \ 
Washington,  November  5,  iSfS-    > 

Sir:     Your  dispatches  to  No.  16,  inclusive,  have  been  duly  received. 

Since  the  receipt,  on  the  21st  ultioio,  of  your  No.  9,  I  have  had  several  convcr- 
sa'ions  witli  Mr.  Pakcnliani.  His  purpose  doubtless,  was  to  ascertain  whether  the 
President  would  not  take  back  his  withdrawal  of  our  proposed  compromise,  and 
suffer  it  to  stand  as  a  basis  of  further  negotiation  ;  and,  if  it  could  not  be  done,  to 
ol.tain  some  assurance  in  advance  as  to  the  manner  in  which  a  new  j^roposition 
from  the  Hritish  Government  would  be  received.  He  did  not  accomplish  either 
object.  In  these  conversations,  I  gave  him  distinctly  to  understand  that  the  Presi- 
dent could  not  consent  to  recall  what  ha  1  been  already  done,  nor  to  modify  in  any 
degree  the  withdrawal  of  our  offer.  At  the  same  time,  I  observed,  in  answer  to  a 
question  propounded  by  him,  that  if  the  British  Government  should  think  proper 
to  make  any  new  proposition  to  the  Government  of  the  United  States  for  the  settle- 
ment of  the  Oregon  question,  it  would  be  respectfully  considered  by  the  President, 
without,  however,  feeling  himself  committed  in  any  degree  by  the  offer  which  had 
been  already  made  and  rejected,  and  afterwards  withdrawn. 

Mr.  Pakenham  urged  that  he  had  not  rejected  our  proposition,  but  had  merely 
refused  to  accept  it ;  and  endeavored  by  argument  to  impress  upon  my  mind  the 
distinction,  not  very  obvious,  between  the  refusal  to  accept  a  proposition  and  its 
rejection.  To  this  I  replied  by  referring  him  to  the  subsequent  part  of  his  note,  in 
which  he  expressed  his  trust  that  "  I  would  be  prepared  to  offer  some  further  pro- 
fxwal  for  the  settlement  of  tae  Oregon  question,  more  consistent  with  fairness  and 
equity,  and  within  the  reasonable  expectation  of  the  British  Government."  This 
language,  I  observed,  necessarily  implied,  not  only  an  emphatic  rejection  of  our 
offer,  but  a  condemnation  of  its  character. 

In  consequence  of  my  communications  with  Mr.  Pakenham,  the  President, 
after  holding  two  cabinet  councils  on  the  present  state  of  the  Oregon  negotiation, 
has  finally  determined  that  he  would  not  renew  his  former  offer,  nor  submit  any 
other  proposition  ;  and  it  must  remain  for  the  British  Government  to  decide  what 
other  or  further  steps,  if  any,  they  may  think  proper  to  take  in  the  negotiation. 
Vou  will  not  be  surprised  at  the  result,  as  you  are  well  aware  that  nothing  but  def- 
erence for  the  repeated  action  of  his  predecessors,  and  for  the  principle  of  com- 
promise on  which  the  negotiation  had  been  commenced,  as  well  as  a  sincere  desire 
to  cultivate  the  most  friendly  relations  between  the  two  countries,  could  have  in- 
duced him  so  far  to  depart  from  his  well-known  opinions  as  to  have  directed  the 
proposition  to  be  made  which  has  been  rejected  and  witlnlrawn. 

Mr.  Pakeiiham's  note  of  the  30th  of  July,  rejecting  our  proposition,  became, 
immediately  after  its  receipt,  the  subject  of  grave  deliberation  by  the  President. 
I 'poll  a  full  consideration  of  the  whole  question,  and  after  waiting  a  month  for  fur- 
ther developments,  he  arrived  at  the  conclusion  that  it  was  a  duty  which  he  owed 
his  country  to  withdraw  the  proposition  which  he  had  submitted.  This  was  accord- 
ingly done  by  my  note  to  Mr.  Pakenham  of  the  30th  of  August  last.  The  Presi- 
dent thus  took  his  ground,  from  which  he  will  not  depart.  If  the  British  Govern- 
ment hive  any  new  proposition  to  submit,  it  must  proceed  from  them  voluntaril)', 
and  without  any  previous  invitation  or  assurance  on  our  part ;  and  then  such  a 
proposition  will  be  respectfully  considered  by  the  Government  of  the  United 
States. 

This  is  the  posture  on  which  the  negotiation  now  stands;   and,  unless  in  the 


383 


brown's  political  history. 


1S46 


meantime  it  should  be  changed  by  some  action  on  the  part  of  the  British  Govern- 
ment, the  President  intends  to  lay  the  whole  subject  before  Congress  for  their  con- 
sideration. 

I  am,  &c.  JAMES  BUCHANAN. 

Louis  McLanb,  Esq.,  &c.,  &c. 


Mr.  McLane  to  Mr.  Buchanan. — Extracts. 

London,  December  /,  iSf$. 

Although  it  is  well  understood  here,  that,  in  the  present  posture  of  the  Oregon 
question,  my  connection  with  it  must  be  in  a  great  degree  informal,  the  Earl  of 
Abeideen  occasionally  makes  it  a  subject  of  conversation. 

At  his  request  I  have  recently  had  an  interview  with  him,  when  he  put  in  my 
hand,  to  read,  two  dispatches  from  Mr.  Pakenham  :  one,  in  explanation  of  his  re- 
jection, without  reference  to  his  Government,  of  the  President's  proposition  ;  the 
other,  containing  a  statement  of  his  subsequent  attempts  to  induce  you  to  allow  the 
President's  proposition  to  stand  as  the  basis  of  further  negotiation,  or  to  have  sonic 
assurance  of  the  answer  which  a  new  proposition  from  the  British  Government 
would  receive.        ♦        *        * 

In  his  fir^t  letter,  Mr.  Pakenham,  among  other  things,  thought  his  treatment 
of  the  President's  proposition  justifiable  on  the  ground  of  his  instructions,  which, 
in  his  opinion,  forbade  the  expectation  that  such  a  proposition  could,  unfler  any 
circumstances,  receive  the  approbation  of  his  Government.  He  also  *  #  * 
expressed  his  belief  that  a  reference  of  the  proposition  to  his  Government,  merely, 
as  he  supposed,  to  be  rejected,  would  not  have  avoided  the  embarrassment  in 
which  the  subject  has  been  by  that  step  involved. 

In  answer  to  these  views,  I  had  only  to  point  out  the  clear  insufficiency  of  Mr. 
Pakenham's  explanations ;  and  to  defend  and  justify  the  withdrawal  of  the  Presi- 
dent's proposition  upon  the  obvious  grounds  on  which,  in  your  communicitions, 
you  had  placed  it ;  to  point  out  with  entire  explicitness  the  attitude  the  President 
had  determined  to  maintain,  and  the  course  it  was  his  intention  to  pursue,  in  con- 
formity with  the  statement  in  your  dispatch  No.  13,  dated  the  5th  November  last. 

The  principal  object  of  Lord  Aberdeen  in  seeking  the  interview  appeared  to 
me  to  be,  to  point  out  the  embarrassment  in  which  he  thought  the  President'D 
withdrawal  of  his  proposition  had  placed  this  Government,  It  was  quite  evident — 
indeed,  he  espressl)-  said — that  he  was  not  prepared  to  accept  the  President's  pro- 
position, but  desired  only  to  make  it  the  basis  of  further  negotiation  and  modified 
propositions  from  his  Government,  which  he  would  have  done,  notwithstanding 
the  rejection  of  it  by  Mr.  Pakenham,  if  it  had  not  been  withdrawn  by  the  direction 
of  the  President.  He  complained  of  the  withdrawal  of  the  proposition  as  unusual, 
if  not  unprecedented  in  diplomacy  ;  and  seemed  to  consider  it  impossible,  in  the 
present  posture  of  the  affair,  to  submit  any  proposition  for  a  partition  of  the  terri- 
tory in  dispute,  unless  he  could  have  some  assurance  of  the  treatment  which  any 
proposition  he  might  submit  for  that  purpose  would  receive. 

Under  these  circumstances,  he  could  only  regard  the  negotiation  as  having 
been  terminated  by  the  President ;  and  the  door  to  further  attempts  at  compromise 
being  thus  closed,  this  Government  had  no  alternative,  in  its  desire  to  preserve  the 
peaceful  relations  of  the  two  countries,  [other]  than  to  propose  arbitration,  and 
abide  the  consequences.  Indeed,  I  understood  him  to  say,  very  distinctly,  that 
this  course  would  be  pursued.     It  may   be  considered  certain,  therefore,  that  if  he 


1846 


PROVISIONAL,   GOVERNMENT. 


283 


II 


has  not  already,  Mr.  I'akenham  will,  by  the  present  steamer,  be  instrncted  to 
propose  an  arbitration  ;  and  that  according  to  the  answer  that  proposition  may  re- 
ceive, the  ultimate  course  upon  the  part  of  this  Government  will  be  defined. 

I  think  it  not  improbable  that  if  the  offer  l)e  declined  upon  the  ground  u])on 
which  it  is  understood  it  was  refused  by  Mr.  Calhoun,  to-wit  :  that  a  more  satis- 
factory adjustment  might  be  obtained  through  the  medium  of  negotiation,  this 
Government  would  then  submit  a  new  proposition,  and  so  resume  the  negotiation  ; 
but  that  if  it  be  refused  on  such  terms  as  warrant  them  in  assuming  that  our  Gov- 
ment  has  determined  to  insist  upon  the  extreme  claim,  and  to  decline  both  negoti- 
ation and  arbitration,  this  Government  will  treat  the  offer  to  arbitrate  as  its  ultima- 
tum, and  abide  the  result.  Of  course,  these  opinions  are  founded  upon  the  ob- 
servations of  the  Earl  of  Aberdeen  in  the  conversation  to  which  I  have  already 
alluded  to. 

Although  I  am  quite  sure  that  the  Karl  of  Aberdeen  has  no  idea  at  present  of 
accepting  the  compromise  contained  in  the  President's  proposition,  it  would  not 
surprise  me  if  an  arrangement  upon  that  basis  should  prove  acceptable  to  large 
and  important  classes  in  this  country — indeed  complained  of  principally  b}'  the 
Hudson's  Bay  Company,  and  those  in  its  interest.  That  the  ministry  would  find 
it  difficult  atid  hazardous  to  prefer  war  to  such  a  settlement,  may  be  well  imagined; 
although  you  may  assume  it  to  be  certain,  that  when  war  becomes  inevitable  it 
will  receive  the  undivided  support  of  the  British  people. 

I  believe  the  Government  and  people  here  are  quite  prepared  for  the  reasser- 
tion  in  the  message  of  the  President's  opinions  expressed  in  his  inaugural  address; 
and,  perhaps,  for  a  recommendation  by  him  to  terminate  the  joint  occupation  in 
the  manner  provided  by  the  existing  treaty.  And  I  also  think  that,  unless  the 
recommendations  in  the  message  should  be  such  as  to  discourage  further  negotia- 
tion, and  to  manifest  a  determination  to  insist  upon  our  whole  right,  they  would 
not  lead  to  any  immediate  measures  upon  the  part  of  this  Government,  or  materi- 
ally add  to  the  embarrassment  in  which  the  relations  between  the  two  countries 
appear  to  be  at  present  involved. 


Mr.  Buchanan  to  Mr.  McLane. 
Department  ok  State,  Washington,  June  6,  1846. 
Sir  :  I  transmit  to  you,  herewith,  a  copy  of  the  projet  of  a  convention  de- 
livered to  me  by  Mr.  Pakenham  this  morning,  for  the  adjustment  of  the  Oregon 
question,  together  with  a  copy  of  the  protocol  of  the  proceeding.  This  being  the 
regular  day  for  the  meeting  of  the  cabinet,  the  subject  was  brought  before  them 
by  the  President.  The  result  was  a  determination  on  his  part  to  submit  the  projet 
to  the  Senate,  for  their  previous  advice.  This  will  be  d  "  as  soon  as  the  proper 
message  can  be  prepared,  and  the  necessary  papers  copied.     I  am,  &c., 

JAMES  BUCHANAN. 
Louis  McLane,  Es^.,  Sen.  &c.  &c. 


Mr.  Buchanatt  to  Mr.  McLane. 
Department  op  State,  Washington,  June  13,  1846. 
Sir  :    The  President  communicated  to  the  Senate,  on  the  loth  instant,  a  con- 
fidential message,  of  which  I  transmit  you  a  copy,  asking  their  previous  advice  in 
regard  to  the  projet  of  a  convention  for  the  adjustment  of  the  Oregon  question, 
delivered  to  me  by  Mr.  Pakenham  on  the  6th  instant. 

On  yesterday  the  Senate  adopted  the  following  resolution  : 


t    ! 


t   !' 


!     : 


284 


brown's  political  history. 


1846 


i.  j 


''Resolved  (two-thirds  of  the  Sonntors  present  concurring),  That  the  Presi- 
dent of  the  United  State  be,  and  he  is  hereby,  advised  to  accept  the  proposal  of 
the  Uritish  Government  accompanying  his  message  to  the  Senate,  dated  loth  of 
June,  1846,  for  a  convention  to  settle  boundaries,  iS:c.,  between  the  United  States 
and  Great  Britain,  west  of  the  Rocky  or  Stony  mountains." 

The  vote  of  the  ^Senate  stood  37  to  12. 

I  have  learned  from  the  best  sources  that  the  vSenate  gave  this  advice  under 
the  conviction  that,  by  the  true  construction  of  the  second  article  of  the  projet,  tin- 
right  of  the  Hudson's  Bay  Company  to  navigate  the  Columbia  would  expire  with 
the  termination  of  their  present  license  to  trade  with  the  Indians,  &c.,  on  the 
northwest  coast  of  America,  on  the  .V)th  of  May,  1H59.  In  a  conversation  with 
Mr.  Pakenham  to-day,  I  communicated  this  fact  to  him,  and  retjuested  him  to 
state  it  in  his  dispatch  to  Lord  Aberdeen. 

The  treaty  will  be  signed  and  sent  to  the  Senate  on  londay  next,  and  it  is 
more  than  probable  they  will,  in  some  form  or  other,  ice  upon  their  records 
their  understanding  of  its  true  construction  in  this  particular.     I  am,  &c., 

JAMES  BUCHANAN. 

Louis  McLank,  Esq.,  &c.  &c.  &c. 


Mr.  Buchanan  to  Mr.  McLane. 
Department  of  State,  Washington,  July  22,  1846. 
Sir:  The  Senate  having  given  its  constitutional  advice  av  1  consent  to  the 
treaty  concluded  on  the  15th  instant  between  the  United  States  and  Great  l<-'tain 
for  the  adjustment  of  the  Oregon  question,  the  President  has  ratified  it  O'  the 
part  of  the  Government  of  the  United  States,  and  I  now  transmit  to  you  the 
American  ratification,  to  be  exchanged  against  that  of  Her  Britannic  Majesty. 
You  will,  accordingly,  upon  the  receipt  of  this  dispatch,  inform  Her  Majesty's 
principal  secretary  of  state  for  foreign  affairs  that  the  treaty  has  been  ratified  on 
our  part  and  that  you  are,  as  you  will  perceive  by  the  special  power  which  is  here- 
with en  losed,  authorized  to  exchange  the  ratifications  with  such  person  as  may 
be  duly  mpowered  for  that  purpose  on  the  part  of  the  British  Government.  As 
Ity  or  delay  in  this  exchange  is  anticipated.  General  Armstrong,  who 
;t  the  treaty,  has  been  instructed  to  wait  for,  and  take  charge  of,  the 
atification,  if,  in  your  opinion,  there  is  a  prospect  of  its  being  obtained 
be  forwarded  by  the  steamer  of  the  19th  of  July.  Should  the  exchange 
be  received  until  after  that  date,  you  will  either  avail  yourself  of  some 
ate  conveyance  to  forward  it  to  this  country,  or  to  send  it  to  General 
Armstrong,  at  Liverpool,  for  transmission. 

I  am,  sir,  respectfully,  your  obedient  servant, 

JAMES  BUCHANAN. 
Louis  McLane,  Esq.,  &c.  &c.  &c. 


no  diffi 
carries 
English 
in  time 
copy  nc 
safe  pr 


Lord  Aberdeen  to  Mr.  McLane, 

Foreign  Oekice,  May  22,  1846. 
The  undersigned.  Her  Majesty's  principal  secretary  of  state  for  foreign  affairs, 
has  had  the  honor  to  receive  the  note  of  Mr.  McLane,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  United  States  of  America,  dated  the  20th,  and  de- 
livered on  the  2ist  instant,  enclosing  a  document,  dated  on  the  28th  day  of  April, 
signed  by  the  President  of  the  United  States  of  America,  and  countersigned  by 
the   Secretary  of  State,    in    which,  after  reciting  a  joint  resolution  concerning 


"^ 


1846 


PROVISIONAL   GOVKRNMENT. 


285 


!i 


the  Orejjoii  territory  which  has  been  adopted  by  the  Coiigressof  the  United  States, 
the  President,  in  conformity  witli  the-  terms  of  that  resolution,  gives  to  her  Britan- 
nic Majesty's  (ioverntntMit  thi-  noti''e  reiinired  by  tlie  second  article  of  the  con- 
vention of  the  6th  of  Angnst,  1.S27,  belwun  ijreat  Britain  and  ihe  United  States 
for  the  abrogation  of  the  same. 

The  undersigned  acknowledges,  accf)rdingly,  ot;  the  part  of  Her  Majesty's 
Government,  the  receipt  of  the  saitl  notice  ;  and  declares  that,  in  conformity  with 
its  tenor.  Her  Majesty's  Goveniment  will  consider  the  convention  of  the  6th  of 
August,  1S27,  abrogated  accordingly  from  the  ;.ist  day  of  May,  1847. 

The  undersigned  has  the  honor  to  renew  to  Mr.  Mcl<ane  the  assurances  of  his 
high  consideration.  AliIvRI)l<;i'<N. 

I^ouis  Mcl/ANK,  Ksy.,  &c.  &c.  &c. 


Mi'ssaQ;e  Frotn  the  /Resident  of  the  United  States, 
In  answer  to  the  resolution  of  the  Senate  of  the  i8th  of  June,  1846,  relative  to  the 

claims  of  the  Puget's  Sound  Agricultural  Company,  and  the  possessory  rights 

of  the  Hudson's  Bay  Company. 
To  the  Senate  of  the  United  States  : 

I  communicate  herewith  a  report  from  the  Secretary  of  State,  in  answer  to 
the  resolution  of  the  Senate  of  the  i8th  of  June,  1846,  calling  for  certain  informa- 
tion to  the  Oregon  territory.  JAMKS  K.  POLK. 

Washington,  July  21,  1846. 


To  the  President  of  the  United  States  : 

The  Secretary  of  vState,  to  whom  was  referred  by  the  President  the  resolution 
of  the  Senate  of  the  i8th  ultimo,  respectfully  reports  that  there  is  not  in  the  De- 
partment of  State  any  official  docunu  nt  or  evidence  "  in  relation  to  the  kind  and 
extent  of  clain:s  to  farms  and  lands  of  the  Puget's  vSound  Agricultural  Company, 
in  the  territory  of  Oregon  ;"  nor  is  there  in  this  department  "  a  copy  of  the  act 
incorporating  the  Puget's  Sound  Agricultural  Company,"  or  of  "the  original  in- 
strument constituting  that  company ;"  nor  is  their  any  official  document  or  evi- 
dence in  this  department  "  relative  to  the  kind,  character,  number  and  extent  of 
the  possessory  rights  of  the  Hudson's  Bay  Company  and  of  all  British  subjects 
who  may  be  already  in  the  occupation  of  land  or  other  property  in  the  Oregon 
territory  south  of  the  49th  para  lei  of  latitude,"  nor  of  "  the  nimiber  of  such  Brit- 
ish subjects,  including  the  mem  jers,  agents  and  servants  of  said  company,"  nor 
of  the  "  location,  number  and  extent  of  the  forts,  stations,  and  settlements  of  said 
company  south  of  said  parallel,"  nor  of  "  the  means  of  attack  and  defense  in  the 
possession  of  said  company  within  said  limits." 

The  only  information  on  the  subjects  in  the  possession  of  the  Secretary  of 
State  has  been  obtained  from  books  accessible  to  all,  and  has  been  chiefly  derived 
from  the  following  sources  : 

PMrst — The  correspondence  and  proceedings  of  the  Hudson's  Bay  Company 
with  the  British  Government,  previous  to  the  renewal  of  the  lease  of  that  com- 
pany on  the  30th  of  May,  1838,  for  a  term  of  twenty-one  years,  to  trade  with  the 
Indians  in  certain  parts  of  North  America  west  of  the  Rocky  mountains.  This 
correspondence  and  these  proceedings  were  ordered  to  be  printed  by  the  House  of 
Commons  on  the  8th  of  August,  1842,  and  may  be  found  in  the  twenty-eighth 
volume  of  "Accounts  and  Papers,"  &c.,  in  the  Congressional  Library.  There  is 
no  copy  of  this  work  in  the  State  Department. 


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286 


BROWN  S    POLITICAL   HISTORY. 


1846 


Second — From  detached  portions  of  Captain  Charles  Wilkes'  Narrative   of 
the  Exploring  Expedition,  contained  in  volume  4,  chapters  9,  10,  11,  12,  13  and  14. 
And,  third — From  Mr.  Greenhow's  History  of  Oregon  and  Califoniia,  and 
especially  pages  31,  32  and  33  of  that  work. 

All  of  which  is  respectfully  submitted  by 

JAMEvS  BUCHANAN, 
Department  of  State,  Washington,  iSthJuly,  1846. 


The  news  of  the  treat}^  rapidly  spread  over  the  country  and  created 
much  excitement,  although  the  settlement  failed  to  please  those  who 
had  insisted  on  "54-40,"  it  at  the  same  time  gave  assurance  that  the 
country  could  be  settled  without  any  likelihood  of  trouble  with  Eng- 
land, and  a  great  many,  especially  from  the  west,  determined  to  go  to 
this  new  "  promised  land"  on  the  faraway  Pacific.  The  next  year,  a 
larger  number  of  immigrants  crossed  the  plains  than  ever  before. 
Among  them  was  the  compiler  of  this  history,  who  has  since  made 
Oregon  his  home. 


Senator  Benton  who  still  continued  to  retain  his  interst  in  the  welfare 
of  Oregon,  wrote  the  following  letter  to  Passed  Midshipman,  James 
Blair,  who  had  been  connected  with  Commodore  Wilkes's  expedition, 
asking  information  iti  regard  to  t!ie  Columbia  river  bar,  which  he  had 
assisted  to  survey. 

HARBOR  AT  THE  MOUTH  OF  THE  COLUMBIA. 

Letter  from  Senator  Benton  to  James  lUair,  Esq.,  United  States  Navy. 

Washington  City,  March  30,  1846. 

Dear  Sir  :  I  have  understood  that  you  were  one  of  the  officers  of  the  late 
exploring  expedition  under  Captain  Wilkes,  who  made  tlie  survey  of  the  mouth  of 
the  Columbia  river.  Messrs.  Knox  and  Reynolds,  who  are  not  now  in  this  city,  being 
the  other  two;  and  that  you  were  upwards  of  two  months  engaged  in  that  work. 
If  so,  I  should  suppose  that  yourself,  and  the  two  gentlemen  named,  must  be  bet- 
ter acquainted  with  the  mouth  of  that  river  than  any  other  persons  in  the  world  ; 
.^nd  desiring  to  have  the  best  information  in  relation  to  the  place,  I  address  myself 
to  you  alone,  in  the  absence  of  Messrs.  Knox  and  Reynolds,  for  the  fullest  account 
you  can  give  me  of  it,  with  all  its  defects  and  capabilities  as  a  harbor  for  vessels  of 
war  or  commerce,  such  as  now  in  state  of  nature,  and  such  as  it  may  be  in  the 
hands  of  a  maritime  power,  and  with  all  the  advantages  of  beacons,  l)Uoys,  lights, 
pilots  and  steam  towboats.  The  character  of  the  coast  about  it,  whether  high  or 
low  land — the  character  of  the  channels,  bars,  breakers, — depth  of  water  on  the 
bar,  and  also  on  the  inside  and  outside  of  the  bar — ^distance  across  the  bar,  and  the 
length  of  time  to  cross  it,  coming  in  and  going  out — the  currents,  winds,  and  tides, 
— temperature  of  the  air,  summer  and  winter— capacitj-  of  the  port  as  to  the  num- 
ber of  vessels  it  can  receive — its  security  from  winds— its  defensibility  against  ene- 
mies— its  proximitv  to  the  sea — the  points,  if  any,  outside  of  the  harbor  to  shelter 
or  hide  an  enomy's  fleet  blockading  the  port,  or  waylaying  its  commerce — with  all 
other  information  necessary  to  a  complete  knowledge  of  the  place  as  a  good  or  bad 


^^Vf^n 


1846 


1846 


PROVISIONAL  GOVERNMENT. 


287 


port,  and  as  being  capable  or  not  capable  of  being  made  a  safe  and  better.  I  wish 
vou  to  give  me,  if  possible,  the  full  result  of  your  experience  and  observations  dur- 
ini^  the  whole  time  you  were  employed  in  the  survey,  with  the  facts  and  circum- 
stances which  justify  your  opinions,  which  I  may  rely  on  in  any  use  which  I  :.iay 
choose  to  make  of  your  statements. 

Very  respectfully,  sir,  your  friend. 

THOMAS  H.  BENTON. 
James  Bi^air,  Esq.,  U.  S.  N. 


fi 


M 


fames  Blair  to   Thomas  H.  Benton. 

Washington,  April  2,  1S46. 

Sir  :  In  answer  of  your  inquiries  of  the  30th  ultimo,  I  regret  that  neither 
Lieutenants  Knox  or  Reynolds  are  in  the  city,  for  information  from  them  would 
be  more  satisfactory  to  you.  They  are  both  senior  to  myself;  and  the  first  being 
directly  charged  with,  and  responsible  for,  the  service,  in  which  I  cooperated,  a 
statement  from  him  particularly  would  have  been  much  greater  authority  than 
anything  from  me.  Yet  I  venture  Lo  say  that  it  would  be  precisely  the  same  in.,im- 
port,  however  in  other  respects  more  satisfactory.  * 

Lieutenant  Knox,  commander  of  the  Flying  Fish,  conducted  and  completed 
the  survey  with  great  ability,  sharing  with  Lieut.  Reynolds  and  myself  the  drudg- 
ery of  sounding  out  the  harbor,  channels,  and  bar.  The  accompanying  chart  will 
show  you  how  faithfully  the  work  was  performed — every  spot  in  the  bed  of  the 
river  having  its  depth  ascertained.  The  diagram  will  explain  how  easily  the  river 
may  be  entered  by  ranges  of  landmarks,  and  without  the  compass.  The  only  diffi- 
culty in  entering  the  harbor  of  the  Columbia  is  the  strength  of  the  currents.  They 
vary  from  five  lo  three  miles  an  hour,  according  to  the  time  of  the  tide,  and  dif- 
fering in  several  parts  of  the  channel.  When  the  water  is  low,  and  confined  to  the 
channels,  the  currents  are  very  strong  ;  but  as  the  river  rises  the  tide  sweeps  over 
the  middle  sands,  and  are  much  moderated. 

During  two  months  and  a  half  we  were  engaged  in  the  Flying  Fish  upon  this 
survey,  from  August  to  November,  we  had  ample  opportunity  to  observe  the  effect 
of  all  weathers  upon  the  bar  and  channels.  In  heavy  weather  the  bar  is  dangerous, 
but  not  more  so  than  any  other  bars,  with  the  same  depth  of  water  and  in  like  situ- 
ation. The  channels  are  very  much  protected  by  the  north  and  south  breakwaters, 
upon  which  the  sea  breaks,  leaving  the  channel  comparatively  smooth,  and  when 
the  sea  is  running  highest,  the  more  completely  is  it  broken  upon  these  breakwaters. 
If  the  bar  and  channels  were  buoyed  out,  there  would  be  no  necessity  for  pilots. 
Four  and  a  half  fatlioins  is  the  least  water  found  on  the  bar  at  any  time.  This  is 
sufficient  water  for  frigates  and  the  largest  ineichantmen,  even  with  a  swell  run- 
ning. There  is  as  much  water  on  this  bar  as  through  the  famous  (Tidney  channel 
into  the  harbor  of  New  York.  In  a  state  of  nature  as  it  is  now,  it  is  far  preferable 
to  that,  on  many  accounts — especially  on  the  ])roxiuiity  of  safe  anchorage  to  the 
sea,  which  the  bold  shores  of  the  river,  the  high  land,  and  the  heavy  timber,  cover 
from  the  storm. 

Licuterant  Knox  di-r:o%'ered  the  south  channel  (which  renders  the  entrance 
into  the  river  much  more  lirect  and  easy)  when  upon  a  rcconniasance  of  the  work 
to  be  performed,  he  observed  and  concluded  thai  such  a  vast  body  of  water  as 
swept  between  the  great  middle  sands  and  the  southern  shore  must  create  a  deep 
channel.  He  pulled  through  in  a  boat,  and  followed  shortly  afterwards  with  the 
schooner  drawing  :nne  feet  of  water.     This  channel  is  a  straight  chute,  and,  taking 


) 

.(:  ' 

»■ 

'A  \ 

■  ■   ! 
i 

288 


BROWN  S    POLITICAL    HISTORY. 


1846 


Ih 


the  direct  course  of  the  dead  tree  land  mark  with  the  remoter  on  Yonnj^'s  Point, 
t Cockscomb  hill).  You  enter  the  river  on  a  straight  line  ;  never  having  less  than 
tour  and  a  half  fathoms  water,  and  a  width  of  from  three-quarters  to  one-third  of  a 
mile.  There  is  no  difficulty  in  entering  even  against  the  ebb  tide,  if  the  ship  has 
a  six  knot  breeze.  Three  knots  are  sufficient  to  keep  the  range  on  with  the  flood 
tide.  The  wind  is  free  for  this  channel  to  enter,  when  from  any  point  of  the  com- 
pass west  of  north  and  south  through  the  channel  the  tide  is  so  strong  that  a  vessel 
can  beat  through  it  with  the  tide  against  the  wind,  and  a  larger  one  can  back  and 
fill  through  when  the  sea  is  not  high.  We  passed  in  and  out  of  the  river,  schooner  and 
boats,  from  thirty  to  forty  times,  and  were  never  in  any  danger,  except  when  ven- 
turing upon  the  breakers  or  the  middle  sands.  Lieut.  Knox  would  sometimes  club 
through  the  channel  in  a  calm,  merely  using  his  anchor  to  sheer  from  one  side 
of  the  channel  to  the  other,  as  the  occasion  required. 

If  Sir  E'dward  Belcher,  of  the  English  navy,  knew  of  this  channel,  he  kept  it 
to  himself,  as  he  did  all  the  information  he  had  obtained  while  here.  This  was  in- 
gratitude, unless  the  result  of  obedience  to  positive  orders  from  the  Admiralty  ; 
for  the  Peacock  assisted  him  when  unfortunate  in  the  Fijee  islands,  and  Captain 
Hudson's  want  of  information  was  the  immediate  cause  of  the  loss  of  his  ship  ; 
yet  this  disaster  might  have  been  avoided,  if  the  precaution  of  feeling  our  way  in 
had  been  adopted. 

While  the  Peacock  was  going  to  pieces  on  the  north  breakers,  Lieutenant 
Knox,  in  the  schooner  Flying  Fish,  felt  his  way  with  the  lead  over  the  bar,  and 
was  about  to  anchor  near  Cape  Disappointment,  and  would  easily  thence  have 
entered  the  river,  but  was  ordered  to  sea  again  by  signal  from  the  Peacock.  After 
the  discovery  of  the  south  channel,  we  used  it  or  the  north  as  served  best  for  the 
occasion.  You  may  see,  l)y  inspecting  the  accompanying  chart,  that  the  north 
channel  (which  seems  to  have  been  the  only  channel  known,  or,  at  least,  used, 
until  Knox's  discovery  of  tlie  south  channel  has  two  elbows,  and  is,  besides  sub- 
ject to  strong  cross  tides.  It  is,  however,  deeper  and  wider  than  the  south  chan- 
nel. All  things  considered,  I  think  the  south  channel  preferable  for  entering, 
and  the  north  for  leaving  the  river,  with  the  prevailing  northwest  sea  breeze.  This 
sea  breeze  generally  prevails  throughout  the  year,  in  all  clear  weather,  from  about 
II  o'clock  A.  M.  until  sunset.  There  was  during  the  season  we  were  on  the  north- 
west coast,  much  more  clear  weather  than  I  had  ever  experienced  on  the  east  coast 
of  the  United  States  at  the  same  season  of  the  year,  and  a  milder  climate  at  all 
seasons.  You  will  perceive,  by  inspecting  the  diagram,  that  the  northwest  sea 
breeze  is  a  leading  wind  in  through  the  south,  and  a  leading  wind  out  through  the 
north  channel. 

In  answer  to  your  inquiries  of  the  depth  of  water  on  the  bar,  I  reply  that  the 
mean  depth  is  about  five  fathoms;  in  and  outside  of  it,  six  and  a  half  fathoms; 
distance  across  it,  half  a  mile,  when  the  current  of  the  river  combi^ies  with  the 
tide,  the  water  flows  out  of  the  river  five  miles  an  hour  ;  the  current  against  the 
flood  tide  merely  neutralize  each  other.  Mean  rise  of  tide,  about  six  feet.  The 
winds  prevail  from  the  north,  northwest  and  west,  and  moderate  during  the  sum- 
mer; during  the  winter,  from  west  to  southeast  and  stormy.  Temperature  of  the 
air  is  mild  as  that  of  Europe  in  the  same  latitudes,  during  the  same  sea.sons.  Se- 
curity from  winds  as  good  as  any  harbor  that  I  have  ever  been  in  of  the  same 
size.  Its  defensibility  perfectly  easy  by  those  in  possession  of  both  the  cape  and 
Point  Adams.  From  the  cape  you  can  command  the  north  and  the  Chinook 
channels  by  a  raking  fire  for  two  and  a  half  miles,  whether  in  approaching  or  re- 
ceding from  the  cape,  after  passing  it.     Every  ship  is  obliged  to  pass  at  the  near- 


11 


^Jl^sj-i  is; 


m 


1846 

s  Point, 
ess  than 
lird  of  a 
ship  has 
he  flood 
he  com- 
:  a  vessel 
)ack  and 
oner  and 
tien  ven- 
ues club 
one  side 

e  kept  it 
s  was  in- 
imiralty ; 
Captain 
lis  ship ; 
ir  v^'ay  in 

ieutenant 
bar,  and 
ace  have 
k.     After 
,t  for  the 
he  north 
ast,  used, 
sides  sub- 
uth  chan- 
entering, 
eze.  This 
om  about 
he  north- 
east coast 
late  at  all 
hwesft  sea 
trough  the 

■  that  the 

fathoms ; 

with  the 
j;ainst  the 
feet.  The 
r  the  sum- 
ture  of  the 
sons.     Se- 

the  same 
e  cape  and 
I  Chinook 
hing  or  re- 
the  near- 


1846 


PROVISIONAL   GOVERNMENT. 


289 


est  point  within  musket  shot.  You  have  the  same  command  of  the  south  and 
Clatsop  channels  from  Point  Adams,  and  here  ships  ore  obliged  to  pass  within  a 
half  to  three-quarters  of  a  mile,  and  may  be  subjected  to  a  raking  fire  in  the  ap- 
proach and  receding,  after  passing.  P^ven  the  temporary  occupation  of  the  mid- 
dle sands  holds  perfect  control  of  the  passage  up  the  river.  A  secure  harbor  may 
be  reached  in  Baker's  bay,  or  near  the  Clatsop  shore,  within  Point  Adams,  within 
three  and  a  half  miles  of  the  open  sea.  Frequently,  in  twenty  minutes  after 
weighing  anchor,  we  have  been  out  to  sea.  We  were  about  this  time  coming  out 
when  the  squadron  (the  Porpoise,  Oregon  and  ["lying  Fish]  left  the  river. 

Shoalwater  bay,  to  the  northward,  is  the  only  shelter  near  the  Columbia 
river,  and  that  only  for  small  vessels ;  for  the  entrance  to  it  is  shoal  and  intricate. 
The  harbor  of  the  Columbia  river  as  a  seaport,  is  inferior  to  none,  except  New- 
port, on  the  east  coast  of  the  United  States,  in  point  of  security  from  winds,  de- 
fensibility,  proximity  to  the  sea,  01  capacity  as  a  harbor  for  vessels  of  war  or  com- 
merce. In  the  hands  of  a  maritime  power,  with  all  the  advantages  of  pilots, 
buoys,  lights,  and  steam  tow-boats,  it  will  be  found  one  of  the  best  harbors  in  the 
world. 

In  addition  to  my  own  experience  and  observation  (the  results  of  which  are 
found  in  the  notes  of  the  survey  and  marked  on  the  chart),  I  obtained  much  in- 
formation, confirming  mj'  opinion,  from  Mr.  Birney,  commandijig  I'ort  George, 
formerly  called  A.storia.  JAi\IK.S  BLAIR, 

Hon.  TiiOM.vs  H.  Benton,  Passed  Midshipman,  U.  S.  N. 

United  States  Senator. 


Mr.  Maginn's  Statement  and  Opinion. 

Mr.  John  Maginn,  of  the  city  of  New  York,  and  since  the  year  1828,  a  regu- 
lar licensed  pilot  in  the  harbor  of  that  city,  now  president  of  the  Association  of 
Pilots  in  New  York,  and  at  present  in  the  city  of  Washington  as  agent  of  the 
State  pilots  in  their  application  to  Congress,  being  requested  by  vSenator  Benton 
to  examine  the  chart  of  the  mouth  of  the  Columbia,  in  the  library  of  Congress, 
as  made  upon  the  surveys  and  .soundings  by  the  officers  under  Captain  Wilkes, 
and  to  compare  tlie  same  with  a  chart  of  the  harbor  of  New  York,  and  to  give  my 
opinion  of  the  comparative  merits  of  the  two  harbors,  do  hereby  .state  and  declare: 

That  I  have  made  such  comparison  accordingly,  and  find  that  the  mouth  of 
the  Columbia  is  the  better  harbor,  and  has  manifest  advantages  over  the  harbor 
of  New  York  in  all  the  es.sential  points  which  constitute  a  good  harbor.  It  has 
deeper  water  on  the  bar,  having  four  and  a  half  fathoms,  without  addition  of  tide 
which  is  there  said  to  be  eight  feet,  while  the  New  York  harbur  has  on  the  bar  but 
four  fatlioins,  without  the  addition  of  tide,  which  is  six  feet.  The  bar  in  the 
Columbia  is  half  a  mile  across,  while  that  of  New  York  is  about  three-quarters  of 
a  mile.  The  channel  on  the  l)ar  at  th"  mouth  of  the  Columbia  is  about  6,000  feet 
at  the  narrowest,  and  12,0  w  at  the  widest,  and  then  .shoals  gradually  on  each  side- 
wliile  the  channel  on  the  bar  off  Sandy  Hook  is  about  600  feet  and  slioals  rapidly. 
The  channel  across  the  l)ar  is  straight  at  the  Columbia ;  tliat  of  New  York  is 
crooked.  As  soon  as  the  bar  is  crossed  in  the  Columbia  two  channels  present 
themselves — one  at  the  south,  a  new  chainiel,  discovered  by  Captain  Wilkes'  ofE- 
cers,  who  made  the  soundings  entirely  straight,  and  deep  enough  for  ships  of  the 
line  ;  the  other,  the  north,  or  old  channel,  being  crooked,  or  rather  forming  an 
elbow,  and  deep  enough  for  any  ship  after  crossing  the  bar.  Both  these  channels 
arc  from  6,000  to  12,000  feet  wide  or  more,  and  free  from  shoals;  while  the  New 


'       1 


i'  .  '  '  - 

1      ',    < 

- 1  ] 

IP- 

1  : '  * 

290 


BROWN  S   POLITICAL   HISTORY. 


1846 


York  channels,  after  crossing  the  bar,  are  narrow  and  crooked,  and  beset  with 
shoals,  which  require  many  changes  of  course  of  the  ship.  In  accessibility  to  the 
sea,  the  Columbia  is  far  the  best,  as  it  is  immediately  at  the  sea,  and  ships  can  get 
out  of  the  sea  into  the  harbor  at  once,  and  also  get  out  at  once  into  the  high  sea,  and 
thus  more  easily  elude  cruisers  in  time  of  war.  A  great  number  of  good  and  safe 
anchorages  are  found  in  the  Columbia  as  soon  as  the  ship  enters,  and  room  enough 
for  thousands  of  vessels  and  deep  enough  for  ships  of  the  line. 

The  bars  and  banks  of  the  mouth  of  the  Columbia  are  all  of  hard  sand,  and 
therefore  not  liable  to  shift,  and  being  free  from  rocks  are  less  dangerous.  The 
land  on  each  side  of  the  mouth  of  the  Columbia  is  high  and  makes  a  marked 
opening  into  the  sea,  and  confines  all  the  water  of  the  river  to  one  outlet,  and, 
therefore,  would  seem  easy  of  defense.  There  seems  to  be  no  points,  islands  or 
bays  off  the  mouth  of  the  Columbia  to  shelter  an  enemy's  cruisers  while  lying  in 
wait  to  capture  vessels  going  in  or  coming  out ;  while  the  New  York  harbor  pre- 
sents such  shelters  from  an  enemy.  The  winds  at  the  mouth  of  the  Columbia  are 
marke4  regular  and  steady,  blowing  six  months  one  way,  and  six  months  another; 
while  the  winds  at  New  York  are  entirely  variable,  and  cannot  be  calculated  upon 
by  the  mariner  for  any  time.  The  mouth  of  the  Columbia  is  free  from  ice,  and 
also  from  great  heat,  the  temperature  never  falling  below  the  freezing  point,  nor 
raising  above  the  summer  warmth.  The  current  of  the  river  is  said  to  be  strong, 
but  I  cannot  see  that  it  offers  any  serious  obstacles.  The  breakers  on  each  side  of 
the  channel  are  said  to  be  very  great,  but  with  a  channel  so  wide,  and  a  bar  so 
narrow  and  free  from  rocks  and  shoals,  these  would  be  nothing  to  experienced 
mariners.  Taking  the  mouth  of  the  Columbia  as  it  now  is — in  a  state  of  nature — 
without  the  aid  of  pilots,  buoys,  beacons,  lighthouses,  and  steam  tow-boats,  I 
deem  it  a  good  harbor ;  with  the  aid  of  these  advantages,  I  would  deem  it  a  far 
better  harbor  than  New  York,  and  capable  of  containing  an  unlimited  number  of 
ships.  In  fact,  I  have  never  .seen  a  large  river  with  its  waters  so  well  enclosed  by 
bold  shores  at  its  mouth,  and  making  so  commodious  a  bay,  large  enough  to  hold 
any  number  of  ships;  and  at  the  same  time  small  enough  to  be  defended,  and 
where  there  were  more  anchoring  and  sheltering  places  for  ships,  and  where  they 
could  be  close  up  to  bold  shores,  and  be  better  under  the  protection  of  forts  and 
batteries.  JOHN  MAGINN. 

Washington  City,  April  26,  1846. 


As  the  Provisional  Government  was  in  need  of  a  seal  to  be  attached 
to  all  legal  documents,  there  was  one  made,  and  from  the  best  and 
most  reliable  information  that  I  can  obtain,  it  is  believed  that  Mr. 
Hamilton  Campbell,  formerly  connected  with  the  Methodist  Mission, 
designed  the  one  herewith  presented.  It  was  used  during  the  years 
i8i.6-7  and  a  part  of  1848,  when  it  was  superseded  by  one  brought 
out  by  Judge  J.  Quinn  Thornton.  This  seal  when  first  used  was  known 
as  the  ' '  Salmon  Seal, ' '  consisting  as  the  cut  shows,  of  the  word  Oregon 
in  a  half  circle,  in  the  middle  three  sheaves  of  wheat,  underneath  a 
salmon,  and  although  made  at  that  early  day  it  will  be  noticed  that  it 
was  prophetic  in  regard  to  the  natural  resources  of  the  country.  The 
sheaves  of  wheat  indicating  agriculture,  and  the  salmon,  the  then  un- 


r    i 


1846 


PROVISIONAL   GOVERNMENT. 


291 


developed  resource  of  commercial  wealth  that  have  brought  millions  to 
the  State  and  coast  and  spread  the  name  of  Oregon  all  over  the  civil- 
ized world. 


The  following  letter  was  received  by  Gov.  Abernethy  from  James 
Douglas,  Chief  Factor  of  the  Hudson's  Bay  Company,  which  contained 
the  first  news  of  the  Oregon  treaty  received  in  the  Territory.  Although 
meagre,  it  afforded  great  relief  to  the  public  mind,  although  not  as  ex- 
plicit as  it  was  wished. 

Fort  Vancouver,  Nov.  3,  1846. 
George  Abernethy,   Esq., 

Dear  Sir  :  Very  important  news  for  all  parties  in  Oregon  has  just  been  re- 
ceived by  the  barque  Toulon,  from  the  Sandwich  Islands.  It  appears  that  the 
boundary  question  is  finally  and  fully  settled.  This  intelligence  rests  on  the  au- 
thority of  Sir  George  Seymour,  the  British  commander-in-chief  in  the  Pacific,  and 
I  think  may  be  relied  on.  I  forward  a  copy  of  Sir  George's  communication  on  the 
subject  to  our  agent  at  Sandwich  Islands.  The  British  Government  has  surren- 
dered more  than  strict  justice  required  ;  but  John  Bull  is  generous,  and  was  bound 
to  be  something  more  than  just  to  his  promising  son  Jonathan,  who  will  no  doubt 
make  a  good  use  of  the  gift.  At  all  events,  I  am  glad  to  see  this  vexing  question 
settled  soquietly.     The  Hudson's  Bay  Company  is  fully  protected  in  all  its  interci-.^. 


t,Z_-^t-<^o*«'H/ 


-i^^C^ 


[copy.] 
Extract  from  a  private  letter  oj  A.   Forbes,  Esq.,  Consul  at  Tepic,  to  Sir 
George  Seytnour  : 

"I  send  you  an  American  newspaper  which  Mr.  Beckhead  has  requested  to  be 
forwarded  to  you,  and  which  shows  that  the  Oregon  question  is  entirely  settled; 
the  49th  degree  is  to  run  on  the  Straits  of  Fuca,  the  whole  island  of  Vancouver 
being  left  in  the  possession  of  England,  and  the  said  Straits  of  Fuca,  Puget's 
Sounds,  &c.,  remaining  free  to  both  parties.  The  Columbia  river  is  also  free  to 
both  parties  until  the  expiration  of  the  charter  of  the  Hudson's  Bay  Company,  when 
the  whole  to  the  south  of  the  49th  degree  is  to  belong  toAmerica,  with  the  excep- 
tion mentioned." 


ii 


■■;■  i 


lli'i 


it 


h 


292 


brown's   POLI'TICAI,  HISTORY. 


1846 


Notes, — The  Postmaster  General  (  of  Oregon  ),  contracted  with  Mr.  Hugh 
Burns,  to  carry  the  mail  from  Oregon  City  to  Weston,  Missouri,  one  trip  at  fifty 
cents  per  letter.  Mr.  Burns  receiving  twenty-five  \':r  cent,  on  the  amount  of  post- 
age that  the  department  receives  for  sending  lettcis  eat .,  and  only  fifty  cents  can 
be  charged  for  a  single  letter. 

H.  M.  Frigate  Fishp^ard  ( at  Vancouver),  42  guns.  Captain,  J.  A.  Uuntre ; 
Lieutenants,  John  Rodd,  Charles  Dyke,  Geo.  Y.  Patterson,  Edward  W.  Lany,  Ed- 
ward D.  Ashe;  Marines,  Lieuts.  Henry  H.  McCarthy,  I'leetwood  J.  Richards;  Master, 
Edmund  P.  Cole ;  Chaplain,  Robert  Thompson  ;  Surgeon,  Thos.  R.  Duun  ;  Purser, 
Thos.  Rowe  ;  Second  Master,  James  Crosby  ;  Instructor,  Robert  M.  Jaship  ;  fourteen 
midshipmen  ;  crew,  350  men. 

The  Hudson's  Bay  Company  built  and  launched  a  sailing  vessel  at  Vancouver, 
in  June,  1S46,  of  the  following  dimensions  :  Length,  76  feet  over  all,  breadth  of 
beam  iS,  14  feet  below,  and  registered  74  tons. 

On  June  21,  1846,  Dr.  John  E.  Long,  Secretary  of  Territory,  was  drowned  in 
the  Clackamas  river.  He  was  a  physician  by  profession  ;  came  to  the  United  States 
from  England  in  1833,  and  to  Oregon  in  1843.  He  took  a  firm  and  decided  stand 
in  favor  of  establishing  the  Provisional  Government. 

June  25,  1846,  Jesse  Applegate,  David  Goff,  B.  F.  Burch,  John  Owen,  J.  Jones, 
W.  Sportsman,  B.  Ausbuan,  Robert  Smith,  Lindsey  Applegate,  and  Mr.  Goodhue, 
started  to  survey  a  route  for  emigrants  through  Southern  Oregon. 

A  slight  disturbance  took  place  betwceu  the  Molalla  Indians  and  the  white  set- 
tlers on  the  Molalla  creek  about  the  first  of  July.  Col.  James  Finley  with  a  corn- 
pan)'  of  voluntecrfi  went  to  the  scene  of  trouble,  but  their  services  were  not  needed. 

The  citizens  celebrated  4th  of  July  at  Salem,  in  a  becoming  style.  Capt.  Ben- 
nett's company  paraded  ;  the  oration  was  delivered  by  W.  G.  T' Vault,  and  Joseph 
Smith,  who  afterwards  was  Representative  to  Congress,  read  the  Declaration  of 
Independeiice.     I  am  told  that  one  of  the  toasts  at  the  barbecue  dinner  was  : 

"  Salem  for  beauty,  Champoeg  for  pride. 

If  not  for  salmon,  Oregon  Citj'  would  have  died." 

TheU.  S.  Schooner  .S/iaivi  arrived  in  the  Columbia,  July  iS,  1846.  Her  officers 
were  Lieut.  Com'dg.  Neil  M.  Howison  ;  Lieut.  W.  S.  Schenck  ;  Acting  Master,  Jas. 
D.  Bullock  ;  Acting  Purser,  Wm.  S.  HoUiiis  ;  Asst.  Surgeon,  Edward  Hudson  ;  Past 
Midshipman,  T.  McLanahan ;  Midshipmen,  T.  J.  Sirens,  H.  Davidson. 

Thr  Spectator  of  Aug.  6th,  spys  that  tliere  were  lately  two  cases  of  trouble  with 
the  Indians.  One  in  Clatsop  county  in  which  an  Indian  was  killed,  and  in  Cham- 
poeg county,  with  some  Walla  Walla  Indians,  in  which  two  were  murdered  by 
whites  for  stealing  cattle.  The  editor,  H.  A.  G.  Lee,  reads  the  people  a  severe  lec- 
ture for  not  first  calling  on  the  Governor.  It  afterwards  turned  out  that  the  Clat- 
sop Indian  tried  to  kill  a  white  man  by  the  name  of  Owens  while  arresting  him, 
and  Mr.  Owens  shot  him. 

The  following  is  the  estimate  of  the  amount  of  wheat  raised  in  1846  in  the 
Willamette  valley  :  Champoeg  county,  60,000  bushels  :  Tualitin,  30,000  ;  Yamhill, 
20,000;  Polk,  i5,(XK) ;  Clackamas,  Vancouver,  Clatsop  ami  Lewis,  15,000, — total 
150,000  bushels. 

John  H.  Couch  was  appointed  treasurer  vice  Francis  Ermatinger  resigned, 
March  4,  18 1.6.  Fredrick  Prigg  appointed  Secretary  of  Territory  vice  J.  E.  Long, 
deceased,  June  26,  1846.  Theopolis  M'Gruder  elected  Territorial  Recorder  by  the 
Legislature,  Dec.  8,  1846. 


T  I 


1846 

Hugh 
It  fifty 
)f  post- 
its  can 

)uutre ; 
ly,  Ed- 
Master, 
Purser, 
ourteen 

icouver, 
;adth  of 

wned  in 
;d  States 
;d  stand 

J.  Jones, 
ioodhue, 

vhite  set- 
th  a  com- 
)t  needed, 
'apt.  Ben- 
id  Josepli 
iration  of 
as  : 


^er  officers 
aster,  Jas. 
lison  ;  Past 

ouble  with 
in  Chani- 
irdered  by 
severe  lec- 
,t  tfie  Clat- 
:sting  him, 

1846  in  the 
,;  Yamhill, 
,000, — total 

ler  resigned, 
J.  K.  lyong, 
jrder  by  the 


1846 


PROVISIONAL   GOVERNMENT. 


Election  Returns  for  iS^6. 


293 


Candidates. 

Q 

5" 

3 
"1 

c 
7t 

< 

B 

8 

c 

t 

* 

r, 

2 
■5 

•^_ 

A'rpie.si'ii/iitnrs — 

Hiram  Straight 

lOI 

90 

73 
90 

95 
24 

\   I  ^ .  ly  0  V  t  j  0  y 

W    G.  1" Vault 

Willi.ini  Holmes 

Trcasuirr — 

Jolin  H.  Couch 

Assessoi  — 

S.  W.   Moss 

Repyesi-ntativi'\*— 

I     !•'     Williams        

37 
30 

21 

9 

T      M'Narv      

J    C     Avery 

Representative-— 

Heiirv  N    Peers   .  ..          ..  ..          ....           

45 
45 
33 

Treasurer — 

Thoiiiiis   r^owe      

Sheriff- 

Cieorge  Aitkeii 

Reprei,cnla  li?'i's*— 

J      h    Mt'ek 

90 
65 

»3 

Rfprrsrn  lutrrrs — 

112 
116 

57 

65 

199 

68 

85 

46 

I 

139 

185 
21 

15 
13 

Wui.  J     linilev 

Robt.it  N'cwell 

I,.   X.    KiiLclish 

W.   11.  WiUsoU 

T    D.  KeiztT 

A    J.    Davis 

W.   li.  Howell 

Ticasni  I'r— 

W.  I'.    [Implies 

Sheriff— 

\Vm.   Martin 

Win.   Howell 

A ssessor — 

J    C     Fruit     

Ri'pre.'.i-H.'ii/iTe'*— 

14 

Rep>fseiita  lires — 

.\    J     Heiuhree 

66 

Thomas  JefTervs  

67 

C.  M    Wal'ver 

52 

35 

2S 

D.     Kizlev 

Siducv   Siuitli 

Sherijf—' 

J.  G.   Baker 

9S 

21 

Henrv  Hill 

Assessor^ 

Win .   Ne wb V. 

S*^ 

Abj.   Heudrick 

1 

I  \ 


I 


♦No  returns  for  county  officers  or  vote  on  election  of  Circuit  Judges  from  counties  indicated 
by* 

For  Legislature  to  elect  Judges  :  Champoic,  10  ;  Yamhill,  5  ;  Clackamas,  12;  total,  27.  People 
to  elec*.  Judges,  Champoic,  154  :  Yamhill,  97  ;  Clackamas,  67  ;  total  31S.  Counties  not  voting  on  this 
question,  Polk,  Vancouver,  Clatsop  and  Tuality. 


§■• 


fl 


ijii 


294 


brown's  political  history. 


1846 


Treasurer's  Report. 

Amounts  due  on  appropriations  of  1844  and  1845,  December  1846 — 

Balance  of  appropriation  for  pay  of  Legislature %  25  00 

Balance  due  for  pay  of  jurors 54  90 

Contingent  expenses  of  the  House 43  79 

Expenses  of  supreme  and  criminal  courts 80  00 

Governor's   salary —whole  amount  paid  ending  his  last  quarter, 

October,   1S46 8000 

Judge  of  supreme  court,  quarter  ending,  December  6,  1846 50  00 

Judge  of  criminal  court,  quarter  ending  December  6,  1846 50  00 

Circuit  attorney,  quarter  ending  vSeptembcr  12,  1846 136  13 

Superintendent  of  Indian  affairs 50  ocj 

#389  82 

Paid  of  the  above  up  to  date — 

P.  H.  Burnett,  Dec.  8th.  one-quarter's  salary,  supreme  Judge %  50  00 

P.  H.  Burnett,  Dec.  8th,  one  quarter's  salary,  criminal  judge 50  00 

■ $100  00 

Balance  due J289  82 

December  9,  i8j6.  Signed  :      JOHN  P.  BROOKS, 

Deputy  Treasurer. 
Treasurer' s  Report. — Stai,<;  of  the  Treasury,  December,  1S46. 

FUNDS   ON    HAND. 

Amount  due  by  George  Abernethy  per  account $  81  54 

Amount  due  by  John  H.  Couch,  per  account 16  92 

Amount  due  by  F.  W.  Pettygrove,  per  account .-     \v  27 

Amount  due  by  Hudson's  Bay  Co.  (Vaucouver) 16  42 

Total . .-. 5126  15 

LIABILITIES. 

Amount  due  Hudson's  Bay  Co.  (Vancouver) %    140  94 

Amount  collected  estate  of  Evving  Young 2,815  00 

Amount  scrip  outstanding  at  this  date  not  paid 1.879  64 

14,835  58 

Receipts  since  December  1,  1.S46,  to  date — 

Taxes  from  J.  R.Jackson,  sheriff  Lewis  county %      34  58 

Taxes  from  J.  R.Jackson,  sheriff  Vancouver  county 57  73 

Taxes  from  Wm.  Holmes,  sheriff  Clackamas  county 115  00 

License  paid  by  R.  K.  Payne 100  00 

License  paid  by  H.  M.  Winslow 100  00 

Absentee  taxes  paid  by  J.  R.  Jackson,  Vancouver  county  -.  —        10  00 

Total %    407  31 

Interest  on  scrip 359 

%    4f'3  72 

Balance  liabilities $4,431  86 

The  receipts  since  December  i,  1846,  have  been  paid  me  wholly  in  scrip. 
Signed  :  JOHN  P.  BROOK, 

December  9,  1846.  Deputy  Treasurer. 


nr'^Tij 


1846 


1389  82 


$100  00 

.$289  82 


trer. 


1847. 


Abkrnethy's  rk-Ei.Ection ;  Public  meetings;  Tirst  news  or  the  notice 
TO  Engi,and  and  the  treaty  ;  Indian  trouble  at  The  Dalles  ;  J. 
QuiNN  Thornton  goes  to  Washington;  Letter  to  the  President; 
Nesmith's  resolutions;  Letter  ok  Abernethy  in  regard  to  them  ; 
A  BILL  TO  organize  Oregon  Territory;  Officers  of  Provisional 
Government,    etc.;    Governor    Abernethy's   message;   Buchanan's 

LETTER   TO   ShIVELY;    BENTON'S   LETTER  TO   THE    CITIZENS    OK    OREGON; 

Douglass'  bill  to   establish   a  Territorial  Government;  Notes; 
Election  returns  and  reports  of  officers;  Cavuse  War. 


.$  81  54 
.     16  92 

.     ii  27 
.     16  42 

.-)f;i26  15 


f4,835  58 


%    4'''3  72 

.$4,431  86 
crip. 

surer. 


THE  year  opened  with  general  prosperity  for  all  the  settlers  in  Ore- 
gon. Crops  were  abundant  with  a  good  prospective  market, 
created  by  the  large  emigration  that  was  confidently  expected  in 
the  fall  to  increase  the  demand  for  supplies.  There  were  also  to  be 
elected  a  Governor  and  other  officers  besides  the  members  of  the  Leg- 
islature ;  consequently  there  was  more  interest  taken  in  politics  than 
at  any  previous  time.  It  was  known  that  Governor  Aberneth}-  was  a 
candidate  for  re-election,  and  as  he  had  proved  himself  a  cons:ientious 
and  conservative  officer,  it  was  almost  a  foregone  conclusion  that  he 
would  succeed  himself.  Still  there  was  quite  a  number  of  the  people 
who  desired  that  there  should  be  some  one  elected  who  was  not  con- 
nected with  the  dominant  church  (the  Methodist  Mission),  as  they 
conceived,  whetl'er  with  good  grounds  or  not  is  uncertain,  that  this 
church  was  inclined  to  run  the  political  as  well  as  the  religious  affairs 
of  the  community.  The  non-sectarian  element  cast  about  for  a  can- 
didate and  selected  Hon.  A.  lyiwrence  Lovcjoy  as  their  strongest  man 
to  compete  with  Governor  Ab;:'rnethy.  It  was  expected  that  the  Hud- 
son's Bay  Company  would  throw  all  of  their  influence  for  Mr.  Love- 
joy,  and  that  he,  of  course,  would  control  the  Catholic  vote,  which, 
combined  with  all  who  did  not  affiliate  with  the  Methodi.sts,  would 
elect  their  candidate,  and  thus  retire  that  church  from  politics  to  its 
legitimate  calling  of  preaching  and  teaching.  The  canvas  was  con- 
ducted with  spirit,  but  not  as  much  acrimony  as  could  be  expected, 


I"! 


m 


Hllli 


i    lis 


I    !.!;.; 


I  11, 


III 


296 


brown's  political  history. 


1847 


but  with  enough  to  cause  some  of  the  non-church  members  to  vote 
for  Abernethy  instead  of  Lovejoy,  as  they  considered  of  the  two 
churches  they  preferred  to  live  under  the  Methodist,  which  was  a  dis- 
tinctively American  institution  (so  to  speak),  while  the  Catholic  was 
composed  so  larj^^ely  of  foreigners,  that  it  might  be  called  a  foreign 
church.  Still,  if  a  third  candidate  had  not  appeared  in  the  person  of 
Mr.  W.  Huested,  Mr.  I/)vejoy  would  undoubtedly  have  been  elected. 
The  following  of  the  new  aspirant  was  small,  but  enough  to  defeat  Mr. 
Lovejoy.  The  vote  cast  was:  Abernethy,  536;  Lovejoy,  520; 
Huested,  11  ;  scattering  7  ;  total,  1074 — Abernethy,  536;  against  him, 
538.  In  regard  to  the  legislative  and  other  candidates,  there  was  little 
interest  taken. 

The  news  of  the  passage  of  the  notice  bill  to  England  of  the  cessa- 
tion of  joint  occupancy,  caused  great  rejoicing  throughout  the  terri- 
tory. This  raised  the  question  of  the  propriety  of  sending  a  delegate 
to  Washington  to  represent  the  interests  of  the  territory  as  a  lobby 
member,  as  no  news  of  the  treaty  which  had  already  been  made  be- 
tween the  two  Governments  had  been  received.  This  delegate  was  to 
ask  Congress  to  allow  all  who  had  settled  on  land  to  hold  the  same 
according  to  the  boundaries  they  had  recorded  in  compliance  with  their 
own  law,  and  not  to  confine  them  to  section  lines  and  subdivisions. 
They  also  wished  to  co-operate  with  the  scheme  of  building  a  railroad 
across  the  continent  to  the  Pacific  ocean,  and  the  delegate  would  bear 
a  memorial,  signed  by  the  people  generally,  who  had  passed  over  the 
route,  treating  of  its  practibility.  Thej'^  also  wished  a  mail  route  estab- 
lished, and  the  Columbia  and  Willamette  rivers  improved,  so  that 
commerce  would  be  fostered.  To  set  the  ball  in  motion,  a  public  meet- 
ing was  held -at  Oregon  City,  September  26th,  which  is  here  copied  in 
full  from  the  Spectator,  October  rsL 

A  meetiiijj  of  the  citizens  of  Oregon,  for  the  purpose  of  takinaj  into  consider- 
ation, subjects  concerning  their  interest  nnd  welfare,  was  holilen  at  the  City  Hotel 
on  Saturday  evening,  .September  26lh.  The  as-enibly  was  cilled  to  order  b}'  A.  L. 
Lovejoy,  Esq.,  whereupon  Col.  Win.  J'inley  was  called  to  tlie  chair,  and  Geo.  L. 
Curry  was  appointed  secretary  ;  after  which,  Mr.  r,ovejoy,  with  some  remarks  pre- 
sented the  following  preamble  and  resolution,  wliich  was  adopted  : 

Whkreas,  The  citizens  of  Oregon  territory  are  fully  convinced  of  the  great 
importance  of  a  national  railroad  across  the  Rocky  mountains  to  this  country,  and 
cannot  in  justice  to  themselves  forbear  the  first  opportunitv  offered  to  express  to 
the  Congress  of  the  United  States,  the  high  admiration  in  which  they  hold  so 
magnificent  an  enterprise.  To  commend  such  a  project  to  that  Government,  it 
would  seem  to  be  sufficient  for  the  citizens  of  Oregon  who  have  mostly  crossed  the 
Rocky  mountains,  to  state  in  general  terms,  that  the  route  for  such  a  project  is 
feasible  to  insure  it  the  favorable  consideration  of  that  Government,  or  at  least 


'   '    "»! 


i847 


1847 


PROVLSIONAL   GOVERNMENT. 


897 


to  vote 
le  two 
•;  a  dis- 
ic  was 
foreij^n 
rson  of 
ilected. 
cat  Mr. 
',  520; 
1st  him, 
as  little 

e  cessa- 
e  terri- 
lele.i^ate 
a  loi)by 
ade  be- 
e  was  to 
le  same 
ith  their 
ivisions. 
railroad 
Lild  bear 
over  the 
te  estab- 
so  that 
lie  meet- 
copied  in 

I  consider- 
^ity  Hotel 
;r  by  A .  L. 
(1  Geo.  L. 
unrks  pre- 

tlie  great 
puntry,  and 
express  to 
y  hold  so 
rnment,  it 
crossed  the 

project  is 
or  at  least 


have  great  weight  in  establishing  a  link  which  will  complete  a  great  central  chain 
of  inland  communication,  connecting  the  waters  of  the  Atlantic  ocean  with  those 
of  the  Pacific,  contributing  thereby,  in  various  ways,  wonderfully  to  facilitate 
comtnerce  and  travel,  to  elevate  and  enrich  this  country,  to  consolidate  national 
sentiment,  and  to  strengthen  the  ties  which  bind  the  states  together  as  a  political 
union,  therefore 

Resolved,  That  a  due  regard  for  the  public  interest,  as  connected  with  this 
great  measure,  reijuires  that  a  committee  of  five  be  appointed  by  this  meeting  to 
take  into  consideration  the  ])ropriety  of  devising  some  means,  whereby  a  general 
expression  of  opinion  from  the  people  in  this  territory  can  be  had,  relative  to  me- 
morializing Congress  on  this  and  any  other  subject. 

The  following  named  gentlemen  were  appointed  the  committee  according  to 
the  resolution  :     Messrs.  I^ovejoy,  Col  well,  Taylor,  McCarver  and  T' Vault. 

Mr.  N,  W.  Colwell  after  addressing  the  meeting,  uilimitted  the  subjoined  res- 
olution, which  was  adopted  : 

Resolved,  That  it  is  expe<lient  for  the  inhabitants  of  this  territory  to  examine 
into  the  subject  relating  to  the  extent  and  most  etiuitable  manner  in  which  grants 
of  land  should  be  made  to  the  early  settlers  of  this  country,  and  after  they  have 
determined  thereupon,  they  ought  to  memorialize  Congress  to  sanction  the  same. 

General  McCarver,  with  some  remarks  then  introduced  the  following  reso- 
lution : 

Resolved,  That  it  is  the  wish  of  this  meeting  that  measures  be  taken  to  com- 
municate with  our  Government  at  as  early  a  period  as  practicable,  ami  that  to 
effect  this  object,  we  believe  that  primary  meetings  should  be;  held  in  each  county 
in  Oregon,  and  that  delegates  be  sent  to  a  general  meeting  to  be  holdeti  at  Oregon 
City,  on  the  first  Monday  of  November  next,  to  consider  all  measures  which  re- 
late to  our  interest,  and  we  would  suggest  the  propriety  of  sending  at  least  as 
many  delegates  as  the  county  is  entitled  to  representatives. 

Mr.  P.  G.  Stewart,  after  an  expression  of  his  views,  moved  to  amend  the  reso- 
lution so  as  to  instruct  the  delegates  to  draft  a  memorial  to  Congress. 

W.  G.  T' Vault,  Ksq.,  moved  the  subjoined  amendmetit  to  the  amendment, 
which,  after  ho  had  addressed  the  meeting,  was  decided  in  the  affirmative.  The 
resolution  as  amended  was  then  arlopted. 

Resolved,  That  we  do  believe  that  it  becomes  our  duty  as  citizens  of  the  United 
Slates  resident  in  Oregon,  to  memorialize  or  petition  Congress  upon  the  subject  of 
our  great  wants,  and  for  the  purpose  of  obtaining  perfect  unanimity,  we  propose  to 
hold  a  convention  in  Oicgon  City,  on  the  first  Monday  in  Noveni  ler  next,  for  the 
purpose  of  drafting  petitions  or  memorials  to  be  circulated  for  the  people  to  sign,  and 
to  devise  ways  and  means  of  forwarding  the  same,  whether  by  delegate  or  other- 
wise, and  that  the  citizens  be  requested  to  hold  meetings  in  the  several  counties 
for  that  purpose. 

Mr.  D.  Stewart,  with  a  few  remarks,  offered  the  folio  ving  re.solution,  which 
was  adopted. 

Resolved,  That  one  subject  of  the  memorial  be,  that  nothing  short  of  54°  40' 
north  latitude  be  made  the  boundary  of  Oregon  territory  on  the  north. 

It  was  then,  on  motion,  voted  that  the  proceedings  of  this  meeting  be  signed 
by  the  chairman  and  secretary,  and  published  in  the  Oregon  Spectator. 

The  meeting  then  adjourned  to  meet  again  on  Saturday  evening,  the  loth  day 
of  October  next,  to  choose  delegates  to  the  convention,  &c.  &c. 

WM.  FINLEY,  Chairman. 

Geo.  L.  Curry,  Secretary. 


(   s 


29'S 


hrown's  poi  iticai.  history. 


1847 


1847 


HU\^ 


iiili 


III 


ill 


The  committee  to  call  a  general  meeting  submitted  the  following  : 

TO   THK   CITIZUNS   OF   ORKOON   TRRRITORY, 

At  a  meeting  of  the  citizens  of  Clackamas  county,  lield  on  the  eveninj^ 
of  the  26th  instant,  for  tlie  purpose  of  taking  into  consideration  subjects 
affecting  the  general  interests  of  the  territory,  the  undersigned  were  appointed  a 
committee  to  devise  means  whereby  an  expression  of  public  opinion  might  be  ob- 
tained in  relation  to  memorializing  or  petitioning  the  General  Government  con- 
cerning the  wants  of  the  country.  At  that  meeting  it  was  determined  to  hold  a 
convention  of  delegates,  to  beelecteil  from  the  several  counties,  to  meet  in  Oregon 
City,  on  the  first  Monday  in  November  next,  to  decide  upon  the  best  method  of 
communicating  our  desirL'S  to  Congress.  Accordingly,  in  furtherance  of  this  ob- 
ject, the  undersigned  would  most  respectfully  urge  upon  the  citizens  of  the  several 
counties  the  propriety  and  necessity  of  holding  meetings  at  as  early  a  day  as  prac- 
ticable, to  select  delegates  to  attend  said  convention.  The  committee,  feeling  sen- 
sibly that  the  citizens  of  the  territory  generally,  are  well  aware  of  the  im])ortance 
of  this  movement,  do  not,  therefore  deem  it  requisite  to  enter  into  any  argument 
to  establish  the  same.  Hoping  for  prompt  and  unanimous  action,  the  committee 
remain  very  respectfully,  A.  L.  LOVEJOV, 

N.  W.  COLWELI/, 
J.  TAYLOR, 
M.  M.  McCARVER, 
Oregon  CiTv,  September  29,  1846.  W.  G.  T'VAUI.T. 

At  the  time  appointed  only  three  counties  sent  delegates  to  the 
convention  :  Charapoeg — W.  J.  Bailey,  F.  Bernia,  Jo.seph  Barnaby 
and  J.  Sanders,  all  residing  in  the  lower  part  of  the  county  ;  Tualatin 
— Hugh  Burns  and  Robert  Moore  ;  Clackamas — Philip  Foster,  Samuel 
McSwain,  H.  Wright,  H.  V. .  Knighton,  S.  S.  White  and  J.  McCor- 
raack.  After  a  stormy  session  of  a  few  hours,  the  convention  ad- 
journed without  accomplishing  anything,  and  the  matter  dropped. 

A  few  days  after  this  meeting,  the  news  came  that  a  treat\'  had  been 
made,  but  the  result  did  not  give  general  satisfaction,  especially  that 
portion  in  regard  to  the  Hudson's  Bay  Company's  claims  of  land  and 
posts,  as  they  all  knew  that  the  Government  would  be  swindled  out  of 
an  immease  sum  of  money'.  The  news  was  also  received  that  the 
President  had  a  full  list  of  territorial  officers  made  out,  which  f:ict  did 
not  accord  with  the  independent  and  self-governing  spirit  of-the  people. 
They  had  selected  their  own  officers  for  .so  long  a  time,  they  preferred 
to  continue  in  that  privilege  rather  than  to  be  governed  by  imported 
officials  whc  had  no  interest  in  common  with  them.  The  subject  of 
sending  a  delegate  was  again  agitated,  or  rather,  to  memorialize  the 
President,  requesting  the  appointment  of  officers  from  among  the  citi- 
zens of  Oregon.  A  convention  was  called  to  meet  at  the  new  town  of 
Lafayette,  but  they  were  unable  to  settle  among  themselves  who  to 
recommend,  but  finally  appointed   a  committe  of  three,  consisting  of 


P.  H.  Bur 

to  Congrei 
obtain  sig; 
Roland  G: 
ifornia,  an 
the  raattei 
Anoth 
dians  were 
The  niutte 
the  Wascc 

O'i  Au 
The  Dalle 
some  anini 
taking  son 
Waller,  wl 
objected,  £ 
was  killed 
chief  of  t 
Mr.  Walle 
Aram  mac 

Goven 
went  to  T 
Indians, 
river  up  tc 
cans  or  ' 
were  affili: 
the  massa( 

Mr.  Jo 

sions  for  C 

David  Hil 

ria  ;  Chas. 

at  this  tin 

"In  th 
such  a  way 
a  more  freii 
the  '  infidel 
Whitman  h 
with  Dr.  Jol 
ton  to  go  to 
as  the  only 
yet,  on  the 
tinued  pros] 
— Oregon  3 


■fm»m 


.847 


PROVLSIONAL   GOVERNMKXT. 


299 


1*.  H.  Burnett,  Geo.  L.  Curry  and  A.  L.  Rice  to  (Iraujjhl  a  mcniorial 
to  Congress  setting  forth  the  wishes  of  the  people  of  Oregon,  and  to 
obtain  signatures  to  the  same,  and  send  it  to  the  states  by  Captain 
Roland  Galston  of  the  bark  Whiton,  which  was  soon  to  sail  for  Cali- 
ifornia,  and  from  there  to  be  forwarded  as  occasion  occurred,  and  chus 
the  matter  rested. 

Another  cause  of  uneasines  was  the  hostile  attitude  that  the  In- 
dians were  assuming,  especially  on  the  east  side  of  the  mountains. 
The  mutterings  of  hostilities  soon  broke  out  into  open  war,  not  witfi 
the  Wascopams,  but  with  the  Cayuse  tribe  as  will  be  narrated  further  on. 

Oii  August  22,  1.S47,  the  first  wagons  of  the  emigration  arrived  at 
The  Dalles  accompanied  by  ten  men.  It  seems  that  the  Indians  stole 
some  animals  that  night,  and  the  next  day  the  emigrants  retaliated  by 
taking  some  of  the  Indians  stock  through  the  advice  of  Rev.  A.  F\ 
Waller,  who  lived  at  that  place  as  missionary.  To  this  the  Indians 
objected,  and  the  affair  culminated  in  a  fight,  in  which  a  Mr.  Sheppard 
was  killed,  and  Messrs.  Parker  and  Aram  were  wounded  ;  the  principal 
chief  of  the  Indians  (  Wascopams )  was  killed,  and  several  wounded. 
Mr.  Waller  took  Mr.  Parker  to  his  house  and  cared  for  him,  while  Mr. 
Aram  made  his  way  across  the  mountains  and  arrived  at  Oregon  Cit}'. 

Governor  Abernethy,  who  was  superintendent  of  Indian  Affairs 
went  to  The  Dalles  and  succeeded  in  making  a  settlement  with  the 
Indians.  But  he  found  that  all  the  Indian  tribes  along  the  Columbia 
river  up  to  the  Cayuse  tribe  were  badly  disposed  towards  the  Ameri- 
cans or  "Bostons."  This  animosity  affected  the  Nez  Perces  who 
were  affiliated  with  the  Cayuses  by  inter-marriage  and  culminated  in 
the  massacre  of  Dr.  Whitman  and  several  others  in  October  following. 

Mr.  John  M.  Shively  arrived  the  next  day  with  papers  and  commis- 
sions for  Cornelius  Gilliam,  as  superintendent  of  postoffice  department; 
David  Hill  as  post  master  at  Oregon  City,  and  J.  M.  Shivelj^  for  Asto- 
ria ;  Chas.  E.  Pickett  as  Indian  Agent  for  the  Territory.  Mr.  Pickett 
at  this  time  was  re.siding  in  California. 

"In  the  spring  of  1847,  some  Nez  Perces  Indians  annoyed  IV'/.  vSpalding  in 
such  a  way  as  to  prove  fatal  to  his  usefuhiess  for  a  time,  but  as  the  season  advanced 
a  more  frendly  feeling  was  shown,  the  chiefs  professing  to  deplore  the  conduct  of 
the  '  infidel  party,'  and  earnestly  desiring  Mr.  Spalding  to  remain  with  them.  Dr. 
Whitman  had  some  misgivings  as  to  his  safety,  in  regard  to  which  he  consulted 
with  Dr.  John  McLoughlin,  and  in  the  spring  of  1847  urged  Hon.  J.  Quinn  Thorn- 
ton to  go  to  Washington  to  urge  the  establishment  of  a  Territorrial  government, 
as  the  only  means  of  saving  his  mission  from  the  murderous  hands  of  the  savages  ; 
yet,  on  the  whole  he  thought  that  affairs  were  favorable,  and  gave  promise  of  con- 
tinued prosperity,  so  that  he  was  preparing  to  erect  a  church  and  other  buildings." 
— Oregoti  A/isst'ons  p.  ^S. 


;iiai 


n 


w 


300 


BROWN  S   POLITICAL   HISTORY. 


1847 


sM 


As  there  was  no  law  authorizing  the  sending  of  a  delegate,  it  wa  . 
determined  by  a  few.  that  some  individual  should  go  ?nd  urge  Con- 
gress to  take  prompt  action,  especiallj^  as  the  Methodist  Mission  was 
becoming  uneasy  about  their  claim  in  regard  to  the  Abernethy  island 
at  the  Willamette  falls  or  Oregon  City.  An  arrangement  was  made 
with  Judge  J.  Quiiui  Thornton  by  Gov.  Abernethy,  M.  M.  McCarver 
and  Samuel. Parker,  the  latter  two  executing  a  joint  note  to  Thornton 
for  $300,  and  a  draft  on  the  treasury  of  the  Methodist  Missionary  society 
in  New  York  city  for  $150  by  Rev.  George  Gay  for  his  expenses,  and 
about  fifty  barrels  of  Hour  were  contributed  by  Noyes  Smith  to  be  sold 
in  San  Francisco  by  Thornton  as  part  of  his  expenses.  Judge  Thorn- 
ton then  resigned  his  office  as  Supreme  Judge  of  Oregon,  and  took 
passage  on  the  Whiton,  Oct.  19,  US47,  for  San  Francisco,  just  eight 
days  before  Dr.  Whitman  was  massacred,  and  bearing  the  following 
letter  to  the  President. 

Oregon  City,  Oct.  14,  1847. 

Sir  :  I  think  it  would  be  well  for  us,  an  individual  people,  without  authority, 
to  send  a  delegate  to  the  Congress  of  the  United  Stales  to  represent  our  interest, 
under  the  present  circumstances  ;  but  we  cannot  claim  the  JLirisdictioii  of  our  Gov- 
ernment, as  our  Government  has  not  been  extended  over  us.  Neither  can  wesend 
a  minister  to  represent  our  Government,  as  we  ar»  but  a  temporary  fixture,  ex- 
pecting every  few  liionths  to  come  under  the  permanent  Government  of  the  United 
States.  Placed  in  this  predicament  we  have  sent  petitions  and  memorials  to  Con- 
gress, but  thus  far  without  much  effect.  Your  Excellency  has  been  pleased  to 
manifest  a  deep  and  untiring  interest  in  our  affairs,  for  which  we,  as  a  people,  feel 
very  grateful.  But  you  cannot  as  a  matter  of  course,  fully  understand  our  wants 
as  no  person  has  been  present  to  represent  our  case.  It  seems  necessary  for  some 
o!ie  who  has  resided  here,  and  who  is  somewhat  acquainted  with  its  wants  and  re- 
sources to  visit  \V^ashini;ton.  I  cannot  but  l)elieve  you  would  feel  relieved  from 
uncertainty,  in  having  near  you  a  gentleman  of  education  and  veracity,  whom  you 
could  rely  upon  for  information,  as  to  facts  at  least. 

The  bearer,  J.  Quinn  Thornton,  Judge  of  the  .Supreme  Court,  h.as  consented  to 
go  to  Washington  at  his  own  expense,  but  it  is  hoped  that  the  Government  of  tlie 
United  States  will  in  some  way  compensate  him.  And  I  think  that  I  may  h-^  v  - 
mitted  to  express  the  hope  that  ycmr  Kx-'cllency  would  not  deem  it  inconsistent 
with  the  fiiblic  welfare  to  appoint  him  to  some  oflice,  the  salary  connected  with 
which  "ill  in  som.e  degree  enable  him  to  realize  the  just  expectations.  If,  as  it  has 
buen  stated  by  some,  you  intend  fdling  the  offices  of  this  Territory  with  the  resi- 
dents of  Oregon  (  except  the  fjovernor).  I  know  of  no  man  in  the  Territory  bet- 
ter qualified  to  fill  one  of  the  judgeships  than  Mr.  Thornton. 

During  the  three  years  past,  the  Indians  have  r)ecome  alarmed  at  the  number  of 
America-is  that  have  come  to  Oregon,  and  as  they  are  pushed  into  smaller  space, 
without  selling  their  lauds,  they  are  becoming  dissatisfied  and  want  pay  for  their 
lauds.  Some  persons  have  paid  them,  while  others  will  not.  Last  summer,  the 
Indiaiisin  the  lower  country,  told  a  farmer  that  he  must  pay  them  a  certain  sum 
for  land,  and  they  were  not  pacified  until  I  could  be  sent  for.  I  immediately  went 
and  met  the  Indians;  they  appeared,  and  wanted  recompense  for  their  lands  and  their 


1 847 


1847 


PROVISIONAL   GOVERNMENT 


301 


I,  it  wa-< 
■ge  Con- 
ion  was 
ly  island 
as  made 
IcCarver 
hornton 
y  society 
ises,  and 
J  be  sold 
2  Thorn- 
md  took 
1st  eight 
bllowing 


4,  1847. 
authority, 
r  interest, 
)f  our  Gov- 
an  we  send 
ixture,  ex- 
the  United 
als  to  Con- 
pleased  to 
eople.  feel 
our  wants 
y  for  some 
iits  and  re- 
icved  from 
whom  you 

insented  to 
lent  of  the 
lay  b-  1  ■  - 
iconsistcnl 
Jcted  with 
If,  as  it  has 
h  tlie  rcsi- 
rritory  bet- 

■  numl)crof 
dler  space, 
ly  for  their 
ninier,  the 
!rtain  sum 
lately  went 
Is  and  their 


expectations  are  pretty  high.  We  told  them  certain  officers  would  be  on  here  in  the 
fall,  and  I  quieted  them  with  the  thrice  told  tale  ;  then  they  could  invite  him,  as  he 
will  come  when  the  emigrants  come  in  the  fall  to  look  after  their  interests.  We  asked 
them  what  we  should  do  ?  Told  them  next  fall  you  will  be  paid."  They  said,  "You 
told  us  so  before.  We  are  dying  off  and  soon  will  be  all  gone,  and  then  we  shall 
get  no  pay  or  government  blankets."  How  I  shall  appease  them,  I  do  not  know. 
I  am  in  hopes  Mr.  [Roth]  will  arrive  here  if  he  has  an  appointment  as  Indian 
agent,  and  relieve  us  in  some  manner.  The  above  is  our  condition  in  the  settled 
parts  of  our  land.  Where  bands  of  Indians  reside,  if  they  get  no  pay,  they  perhaps 
will  steal  horses  or  cattle,  and  in  return,  some  of  them  may  get  shot,  and  lead  us 
all  into  trouble.  A  war  with  the  Indians,  you  know  may  be  a  very  troublesome 
affair. 

This  fall  a  skirmish  took  place  at  The  Dalles,  between  four  emigrants  who 
were  a  short  distance  ahead  of  the  wagons,  and  a  party  of  Indians,  and  it  is  be- 
lieved a  white  man  was  killed,  and  one  Indian  and  also  an  Indian  chief.  The  In- 
dians are  very  numerous  and  hostile  to  the  missionaries  residing  there.  They  sent 
for  nie  to  come  and  settle  the  difficulty.  I  found  that  nothing  had  been  taken,  ex- 
cept a  few  articles  of  not  much  value,  and  insisted  on  having  four  cows  and  some 
provisions  provided  them,  to  pay  for  the  chief,  I  told  them  one  white  man  had 
been  killed  and  one  wounded,  therefore  it  would  not  be  right  to  pay  anything  at 
the  Indian  custom  of  settling  differences  is  by  accepting  presents  which  prevent 
hostilities.  I  proposed  to  give  them  one  cow  and  some  provisions,  if  they  would 
give  me  four  good  horses.  After  some  delay,  they  agreed  to  this  and  the  difficulty 
was  settled.  They  promised  not  to  molest  the  Americans  in  any  way  ;  and  if  any 
property  was  stolen  in  their  neighborhood,  to  make  immediate  reparation. 

I  had  not  much  more  than  returned  to  the  Willamette,  before  I  heard  the  In- 
dians on  the  Columbia,  near  John  Day's  river,  had  robbed  three  wagons.  Our 
people  'vill  come  in  small  parties,  and  unless  a  scout  pattol  party  is  kept  up  on  the 
river  while  the  emigrants  arc  coming  in,  they  will  be  insulted,  and  their  teams 
stolen  .rom  them,  and  sometimes  wagons  robbed.  .A.  few  mounted  men  would 
keep  them  quiet  and  give  security  while  the  emigrants  were  passing  through  their 
country,  which  is  about  200  miles  from  the  place  of  entering  the  mountains. 

I  vvoald  make  a  few  suggestions.  Should  you  deem  it  proper  to  confer  with 
Judge  Thornton,  he  will  be  able  to  give  more  information  upon  subjects  connected 
with  this  country  than  it  will  be  possible  for  me  to  give  in  a  written  communica- 
tion. I  may  mention  some  few  items.  And  here  let  me  say  the  last  visit  to  The 
Dalles  and  tlie  Methodist  mission,  as  the  importance  of  the  situation  is  made  by 
our  government  a  contingency,  the  vSuperintendent  of  Indian  Affairs,  thought  the 
United  States  Government  would  refund  the  expense,  as  it  was  important  to  pro- 
tect American  interests  and  allay  the  excitement  in  that  distant  quarter.  With 
regard  to  our  wants  : 

A  recognition  of  all  our  legislative  and  judicial  acts  that  are  not  inconsistent 
with  the  laws  which  may  be  p  is':ed  on  organizing  a  government  here.  Grants  of 
land  to  settlers,  land  for  educational  purposes.  Appropriations  for  the  transporta- 
tion of  mails  in  Oregon  ntid  to  Oregon  (we  have  po.stmasters  and  an  agent,  but 
no  mail).  A  good  steamer  at  the  mouth  of  the  Columbia  river  to  tow  vessels  in  and 
out,  and  a  few  buoys  are  wanted,  as  soon  as  possible,  at  all  seasons  of  the  year.  The 
erection  and  maintenance  of  a  naval  depot  will  be  mentioned  in  the  items  and  pro- 
jects of  the  Government  engineers  whether  a  good  point  can  be  furnished  at  the 
mouth  of  the  river,  and  supplies  can  be  furnished  for  the  navy  in  a  very  few  years. 
That  a  permanent  surveying  and  laying  out  of  a  road  from  the  Western  States  to 


>  ■ 


li. 


302 


brown's  political  history. 


1847 


:Mi 


i! 


\\ 


Oregon,  as  a  great  amount  of  property  is  annually  lost  in  consequence  of  the  bad- 
ness of  the  road.  An  appropriation  for  the  opening  and  improving  such  a  road, 
would  be  of  great  benefit  to  American  citizens  coming  this  way.  We  are  under  the 
impression  that  a  steamer  is  to  ply  between  Panama  and  the  Columbia  river,  touch- 
ing at  California.     This  would  bring  us  into  the  civilized  world  once  more. 

Two  weeks  ago,  we  were  gratified  with  the  receipt  of  your  message  delivered  in 
December,  1846.  We  saw  extracts  from  the  message  in  California  and  Sandwich 
Island  papers.but  notthe  message  itself  in  full  until  last  month.  We  are  very  anxious 
to  know  what  Congress  is  doing  in  Washington  as  we  feel  very  much  interested 
in  the  proceedings.  I  take  the  liberty  of  troubling  you  with  a  It.tc;-  and  shall 
close  by  reminding  you  of  this  as  a  private  citizen  and  not  as  Gr-e'-.'  ■■  ■'  Oregor. 
Territory,  because  my  intentions  would  be  misconstrued. 

I  have  the  honor  to  be  >'<tc. 

GEO.  ABERNETHY. 
To  his  Excellency, 

James  K.  Polk,  President  United  States. 

The  sudden  departure  of  Judge  Thornton  created  some  surprise 
and  various  rumors  soon  began  to  spread,  that  he  and  those  who  paid 
his  expenses  were  to  obtain  all,  or  at  least,  the  best  offices  in  the  terri- 
tory. The  Legislature  met  on  the  first  of  December,  and  J.  W.  Nes- 
mith,  who  was  a  personal  enemy  of  Thornton,  introduced  "a  resoiutJon 
for  sending  the  remonstrance  of  the  house  to  the  President  of  the  United 
States,  against  the  appointment  of  J.  Quinn  Thornton  to  an>  office  in 
this  territory."  The  ill-feeling  between  Nesmith  and  Thornton  was 
caused  by  some  letters  which  the  latter  had  published  in  the  Spec  a  >,', 
in  regard  to  David  Goff,  Nesmith's  father-in-law,  stating  th.^t  he  per- 
suaded the  emigrants  to  take  the  southern  route,  thus  subjecting  tb^ri. 
to  great  hardship.  The  resolution  was  adopted,  afterwards  reconsidered, 
and  finally  defeated  by  a  tie  vote,  after  a  somewhat  heated  debate,  .some 
claiming  that  it  was  merely  an  individual  affair,  and  it  was  preposterous 
to  pass  such  resoltitions  on  an  individual  ace.  The  entire  delegation  from 
Clackamas,  Messrs.  Crawford,  White  and  Wair  voted  against  them. 

On  December  28th,  after  the  resolutions  had  been  publi.shf      G 
ernor  Abernethy  wrote  the  following  letter  to   President   Polk, 
assistance  after  the  massacre  of  Dr.  Whitman,  which  was  seni  L; 
L,.  Meek,  special  messenger  to  Washington,  ac.  .)>s  the  plains  : 


ov- 

i'lg 


J- 


ORTf"CN  CiTv,  December  2S,  1847. 

Sir:  Herewith  I  beg  leave  to  hand  your  excellen'^y  t  ,0  papers,  which  will 
give  you  some  idea  of  our  situation  with  the  .  •idia.is  of  this  territory.  We  are  in 
hopes  that  our  present  distress  will  cause  Congress  to  act  in  our  behalf. 

Some  resolutions  against  J.  Quinn  Thornton  appeared  in  one  of  the  papers  ; 
these  resolutions  the  board  did  not  wish  published,  but  the  editor  was  determined 
to  lay  them  before  the  public  that  they  might  have  an  influence,!  presume,  at 
Washington.     Mr.  Thornton's  lady  resides  in  our  city,  and  to  save  her  feelings 


'  r""?!5j 


1847 


1847 


PROVISIONAL   GOVERNMENT, 


303 


is  one  cause  why  the  board  did  not  desire  the  resolutions  published,  which  were 
lost  in  the  house  and  made  public  through  the  paper.  These  resolutions  were  in- 
troduced by  a  personal  enemy  and  seconded  by  another,  who  even  last  summer 
challenged  Judge  Thornton,  and  the  second  one  was  to  second  the  challenge, 
which  the  Judge  very  properly  paid  no  attention  to.  I  am  happy  to  say  the  mem- 
bers from  the  county  where  the  Judge  resided  nearly  all  the  time  he  was  in  this 
country,  voted  against  the  resolutions,  viz.;  Messrs.  Crawford,  Wair  and  White. 
Some  of  those  who  voted  for  them  never  saw  the  Judge,  and  all  they  knew  of 
him  was  from  hearsay  evidence,  and  that  from  those  who  were  anxious  to  have 
the  resolutions  pass.  A  great  number  here  want  office  ;  they  came  here  for  that 
purpose,  I  believe;  though  they  say  no,  still  they  hope  to  get  in. 

I  feel  it  a  duty  to  make  these  few  remark.s,  and  hope  you  will  excuse  the  lib- 
erty I  have  taken.  I  feel  certain  there  will  be  a  great  effort  made  to  destroy 
Judge  Thornton  at  Washington,  and  hope,  with  many  fellow-citizens  the  effort 
may  not  succeed.     I  remain  your  obedient  servant. 

To  His  Excellency,  GEORGE  ABERNETHY, 

jAME.s  K.  Por.K,  President  of  the  United  states. 


ov- 

!nt  LyJ. 


For  the  publication  of  these  resolutions  Mr.  Curry  was  removed  from 
the  editorial  charge  of  the  Spectator,  and  Mr.  A.  E.  Wait,  was  ap- 
pointed. 

Judge  Thornton,  unconscious  of  this  uproar,  proceeded  to  San 
Francisco,  where  he  .sold  the  flour,  furnished  as  part  pay  of  his  ex- 
penses. The  Whiton  then  sailed  to  San  Jose,  and  Lieutenant  Bart- 
lett,  of  the  sloop-of-war  Portsmouth,  which  happened  to  be  stationed 
at  that  place,  came  aboard  to  pay  his  respects  to  the  captain  of  the 
Whiton,  and  learning  that  Judge  Thornton  was  desirous  of  getting  to 
Washington  as  soon  as  possible,  reported  the  circumstances  to  Capt, 
J.  B,  Montgomery,  who  immediately  invited  the  Judge  on  board,  and 
gave  him  a  free  passage  to  Boston,  where  he  arrived  on  May  8,  1848. 
On  the  nth  he  arrived  at  Washington,  and  Senator  Douglas  intro- 
duced him  to  President  Polk,  who  listened  eagerly  for  news  from 
Oregon.  Other  interviews  were  appointed  with  the  President,  and  at 
his  suggestion  Mr.  Thornton  prepared  a  memorial  to  Congress  setting 
forth  all  the  important  facts  relative  to  his  country,  and  the  wants  and 
necessities  of  the  people  ;  especially  their  desire  for  organization  and 
protection  under  the  general  Government.  This  memorial  was  pre- 
•sented  by  Senator  Benton  to  the  Senate,  \vas  ordered  printed  and  was 
received  with  general  favor. 

Judge  Thornton  proceeded  to  draw  up  a  land  bill  conforming,  as 
nearly  as  po.ssible,  to  the  measures  relating  to  settlement  on  public 
lands  in  Oregon  that  had  been  adopted  by  the  Provisional  Govern- 
ment, in  the  absence  of  any  congressional  action.  In  view  of  the  im- 
plied promises  of  Congress,  made  to  secure  immigration  and  settle- 


illl 


I  iitii 

I 


\, 


h 


304 


brown's  poutical  history, 


184/ 


ment  of  Oregon  by  Americans  during  the  period  of  joint  occupancy, 
and  which  resulted  in  deciding  the  question  of  ownershij)  to  a  great 
degree,  the  provisional  legislature  had  authorized  the  claiming  of  sec- 
tions of  land  by  actual  settlers,  who  were  heads  of  families.  This  was 
confirmed  by  the  passage  of  the  donation  latid  act.  This  bill  and 
amendments  to  the  bill  for  the  admission  of  Oregon  that  he  found 
pending'  "■  as  the  especial  labor  of  the  Oregon  representative,  for  the 
pending  I ,         eked  some  points  of  importance  to  the  settlers  of  Oregon, 

All  Congress  was  interested,  the  President  was  favorable,  and  this 
informal  representative  of  the  farthest  northwest  found  himself,  though 
without  a  dollar  in  his  purse,  treated  in  the  most  kindly  and  friendly 
manner.  It  is  worth  while  to  notice  here  the  anomalous  position 
Judge  Thornton  occupied  and  the  singular  interest  that  was  taken  in 
the  Oregon  of  that  day.  It  is  possibly  true  that  no  single  individual 
with  so  uncertain  a  position,  representing  a  country  so  unformed  and 
remote,  has  ever  visited  Washington  claiming  official  recognition.  It 
is  certainly  true, that  no  one  ever  went  there  with  so  little  regular 
claim  to  recognition  who  was  accorded  so  universally  not  only  a  hear- 
ing, but  the  unanimous  good  will  and  support  of  all  parties  while  the 
question  at  issue  was  so  fraught  with  political  disagreement.  All  that 
a  dozen  years  later  resulted  in  rebellion,  secession  and  civil  war,  was 
roused  to  action  by  the  Oregon  bill,  but  Oregon  itself  commanded  the 
unqualified  respect  and  united  support  of  all  the  contending  partisans. 

There  was  an  anomaly  in  the  case  of  Oregon  that  commanded  the 
admiration  of  the  world  and  secured  for  the  representative  of  this 
region  universal  respect  and  attention.  A  handful  of  Americans,  who 
seemed  animated  as  much  by  patriotic  as  personal  feeling,  had  taken 
their  leave  of  civiliz^jd  life,  and  with  their  household  pcnatcs  had 
crossed  the  wilderness  of  the  mid-continent  to  make  homes  on  the 
bank  of  the  Oregon.  Their  presence  had  settled  the  dispute  as  to 
boundary,  and  had  terminated  the  long  period  of  joint  occupancy. 
The  world  read  of  this  immigration  to  the  Pacific  with  almost  rever- 
ence for  the  few  who  had  dared  so  much  and  had  reclaimed  the  beau- 
tiful region  on  the  Pacific,  not  only  from  savagery,  but  from  British 
rule  and  occupation.  The  advent  in  Washington  of  one  of  these 
greater  than  Argonauts,  as  a  representative  of  his  fellow  Orcgonians, 
who  had  only  in  time  reached  the  national  capital  by  half  circumnav- 
igating the  entire  world  ;  the  fact  of  a  growing  community  so  remote 
from  trade  that  they  had  no  money  and  had  only  actual  barter  and  ex- 
change of  products  to  depend  on — all  this  cast  a  glamour  of  romance 


1847 


1847 


PROVISIONAL   GOVERNMENT, 


305 


over  the  much  voyaging  representative  of  far-off  Oregon,  and  made  his 
presence  at  Washington  not  only  a  welcome  event,  but  gave  him  in- 
fluence and  personal  magnetism  and  power  that — most  fortunately  for 
Oregon — he  proved  himself  wise  enough  to  use  to  good  advantage. 

Such  was  the  condition  of  affairs  at  the  national  capital  when  the 
Oregon  bill  came  up  for  consideration  and  action.  But  when  the  bill 
came  up  it  was  found  to  be  a  very  apple  of  discord  thrown  into  the 
national  councils.  It  contained  a  clause  prohibiting  slavery  that 
aroused  the  spirit  of  Calhoun  to  opposition  and  arrayed  against  it  the 
whole  south  in  a  contest  that  was  only  ended  as  the  gavel  stroke  told 
that  the  session  was  adjourned. 

The  people  of  Oregon  had  twice  before  that  time  voted  down  the 
slavery  question.  They  had  declared  that  slavery  should  not  exist  in 
Oregon.  So  in  drawing  up  the  Oregon  bill,  he  had  taken  the  anti- 
slavery  clause  from  the  ordinance  of  1787,  to  faithfully  represent  the 
wishes  of  the  people.  The  slavery  interest  made  overtures  to  Judge 
Thornton  to  consent  that  the  bill  should  remain  silent  on  the  subject, 
and  promised  unanimous  support  in  case  that  was  done,  but  he  thor- 
oughly knew  the  wishes  of  the  people  of  Oregon,  and  the  anti-slavery 
clause  remained  a  part  of  the  Oregon  bill.  The  measure  was  attacked 
in  the  Senate  by  Jeff  Davis  and  Foote  of  Mississippi,  Butler  and  Cal- 
houn of  South  Carolina,  Mason  of  Virginia,  and  others  of  great  note, 
and  was  as  warmly  defended  by  Houston  of  Texas,  and  Benton  of 
Missouri,  as  well  as  by  Douglas,  Webster,  Corwin,  Dix  and  Collamer. 
It  was  a  bone  of  contention  for  several  weeks.  Calhoun  employed  a 
morning  session,  until  adjournment,  with  one  of  his  most  command- 
ing efforts.  He  was  clear,  argumentative  and  logical  ;  the  Senate  and 
the  large  audience  were  entranced  by  the  force  of  his  reasoning,  and 
when  he  closed,  silence  reigned  for  somt  time,  and  was  only  broken 
by  the  motion  to  adjourn. 

The  bill  passed  the  Senate  by  a  close  vote  and  went  to  the  House, 
where  the  storm  of  fiery  opposition  broke  out  afresh.  But  it  passed 
there,  also,  in  the  course  of  time,  and  came  back  to  the  Senate  with 
some  unimportant  amendments  towards  the  close  of  the  session.  Then 
its  opponents  rallied  again  and  undertook  to  kill  it  by  delay,  using 
every  possible  expedient  known  in  parliamentary  warfare  to  insure  its 
defeat,  and  on  this  ground  the  battle  was  fought  over  again.  Tom 
Corwin  supported  the  bill  in  one  of  his  most  telling  efforts,  and  Tom 
was  not  particularly  tender  towards  the  slavery  interest,  even  in  his 
best  moods.     It  was  after  hearing  this  speech  that  Father  Ritchie,  as 


30C 


BROWN  S    POLITICAL   HISTOP'' 


1847 


they  passed  out  of  the  Senate  chamber,  said  to  Thornton:     "A  few 
speeches  such  as  that  would  dissolve  the  Union." 

Congress  was  to  adjourn  Monday,  August  14,  1848.  It  was  Satur- 
day the  12th,  and  the  Oregon  bill  was  under  discussion,  when  Bugler 
of  South  Carolina,  moved  to  go  into  executive  session. 

On  Saturday,  the  bill  being  before  the  Senate  for  final  action  on  the 
House  amendments,  the  friends  of  the  measure  were  resolved  to  vote 
down  every  motion  to  adjourn  until  the  bill  should  pass.  Adjourn- 
ment was  to  take  place  on  Monday,  at  noon  ;  the  scene  between  Butler 
and  Benton  occurred  Saturday  night  at  10  o'clock  ;  vhen  it  was  over, 
Foote  arose  and  announced  his  intention  to  keep  the  floor  until  Mon- 
day noon,  the  hour  of  final  adjournment.  He  commenced  with  scrip- 
tural history  and  continued  until  two  hours  after  sunrise  Sunday 
morning,  only  giving  away  to  motions  for  adjournment.  The  friends 
of  the  Oregon  bill  were  in  the  adjoining  room,  with  a  page  on  guard, 
who  gave  notice  of  each  motion  to  adjourn,  when  they  filed  out  and 
voted  it  down.  Sunday  morning  the  opposition  had  tired  themselves 
out,  and  gave  up  the  game.  Fbote  was  silenced  by  his  friends,  who 
became  tired  of  their  own  folly.  The  bill  passed,  though  by  only  a 
small  vote,  and  even  the  support  of  a  number  of  pro-slavery  Senators 
was  necessary  to  its  success.  The  organization  of  Oregon  Territory 
was  provided  for,  including  in  its  limits  what  is  now  known  as  Utah, 
Idaho,  and  Washington — in  fact,  all  territory  west  of  the  Rocky  mount- 
ains not  included  in  California. 

Mr.  Thornton  called  on  Calhoun,  who  was  one  of  the  Senate  com- 
mittee who  had  the  bill  in  charge,  and  in  several  interviews  won  his 
personal  friendship  and  his  earnest  suppi^rt  in  framing  the  bill  to  suit 
the  interests  of  the  people  of  Oregon.  All  the  pro-slavery  element 
seemed  to  feel  friendly  to  Thornton  personally,  and  made  that  fact 
manifest.  He  had  great  pleasure  in  the  acquaintance  he  formed  with 
the  "  Godlike  Daniel" — Senator  Webster.  The  distinguished  Senator 
from  Massachusetts  extended  his  kind  regards  and  an  vinlimited  promise 
to  forward  to  the  fullest  all  that  Thornton  desired  to  accomplish  for 
Oregon.  Tom  Corwin  was  especially  a  champion  of  the  Oregon  bill. 
He  gave  Thornton  warm  personal  support,  as  well  as  stood  manfully  up 
for  Oregon  and  Oregonians. 

The  power  of  the  northern  press  never  was  more  evident  than  at  that 
time.  Thornton's  presence  was  announced  by  many  correspendents, 
and  his  movements  heralded  as  of  importance.  He  embodied  a  principle, 
and  was  fortunately  able  to  present  it  free  from  personal  antagonism  and 


i847 
A  few 

Satur- 
Butler 

1  on  the 
to  vote 
.djouni- 
1  Butler 
as  over, 
til  Mon- 
,h  scrip- 
Sunday 

friends 
1  guard, 
out  and 
;mselves 
ids,  who 
(y  only  a 
Senators 
[territory 
as  Utah, 
y  mount- 
ate  com- 

won  his 
ill  to  suit 

element 
that  fact 
med  with 
i  Senator 
d  promise 
iiplish  for 
egon  bill. 
xnfuUy  up 

lan  at  that 
pendents, 
principle, 
jnism  and 


1847 


PROVISIONAL   GOVERNMENT. 


307 


entanglement.  It  was  a  time  when  public  men  took  sides  and  no  half- 
way views  were  possible.  The  northern  "doughface"  got  his  distinctive 
name  at  that  time,  and  the  long  struggle  grew  fierce  and  hot  that  was 
to  culminate  in  secession  and  civil  war. 

In  this  bill  there  was  the  sum  of  $10,000  voted  to  the  President  to 
be  used  in  paying  the  expenses  of  the  messenger,  and  it  was  understood 
by  all  that  Thornton  was  to  be  liberally  paid  his  expenses.  During 
this  time  the  treaty  in  regard  to  the  Oregon  boundary  line  was  being 
considered  by  the  two  nations,  and  Sir  George  Simpson,  Governor  of 
the  Hudson's  Baj-  Company,  was  in  the  city,  endeavoring  to  get  the 
United  States  to  pa}^  his  company  $3,000,000  for  their  possessions  in 
Oregon,  and  he  had  $75,000  to  facilitate  the  sale  of  their  Oregon  inter- 
ests. President  Polk's  private  secretary,  Maj.  Knox  Walker  introduced 
Geo.  N.  Sanders  to  Judge  Thornton,  who  made  an  offer  of  $25,000  if 
he  would  write  a  note  to  each  of  two  cabinet  officers  who  were  opposed 
to  paying  the  company  anything,  although  the  President  and  the  rest  of 
the  cabinet  were  in  favor  of  allowing  that  sum,  and  in  that  condition  the 
treaty  was  sent  to  the  Senate  for  confirmation.  In  the  meantime  Walker 
had  talked  with  Joe  Meek,  who  had  lately  arrived  from  Oregon  as  special 
messenger,  who  stated  that  the  possessions  were  worth  that  amount. 
Walker  also  told  Meek  about  offering  the  bribe  to  Thornton,  and  Meek 
in  turn  mentioned  it  to  several  members  of  Congress  and  the  corres- 
pondent of  the  iV.  Y.  ifera/c?,  who  published  the  whole  matter.  This 
caused  some  excitement  and  the  Senate  rejected  that  portion  of  the 
treaty.  Thus,  unwittingly,  Meek  saved  $3,000,000  to  the  treasury — 
less  $650,000  that  was  awarded  sometime  afterwards  by  a  commission. 

After  the  passage  of  the  Oregon  bill.  Judge  Thornton  applied  to  the 
President  for  some  of  the  appropriation,  but  was  flatly  refused.  Mr. 
Thornton  then  applied  to  Senator  Douglas  to  call  upon  the  President, 
which  he  did.  and  he  was  in  turn  refused.  Finally  Mr.  Douglas  re- 
marked that  he  would  pay  Thornton's  expenses  to  remain  until  Con- 
gress convened  again  and  would  have  a  committee  appointed  to  investi- 
gate charges  that  he  would  bring.  On  this,  the  President  asked  him 
to  call  the  next  day,  which  was  done,  and  Thornton  received  $2,750 
but  he  did  not  receive  the  appointment  as  one  of  the  Judges  in  the 
territory. 

The  year  1847,  was  one  of  remarkable  prosperity  as  far  as  the  ma- 
terial condition  of  the  people  was  concerned,  and  as  a  very  large  immi- 
gration had  arrived,  and  the  boundary  question  had  been  settled,  high 
hopes  were  entertained  that  a  Territorial  Government  would  soon  be 
established  by  the  General  Government. 


■■ih 


3o8 


brown's  political  history. 


1847 


•    '. 


The  Provisional  Legislature  met  at  the  usual  date  as  they  supposed 
for  the  last  time  with  the  following  Territorial  officers  and  members  of 
the  Legislature  : 

Officers  of  the  Provisional  Government. — 1847. 
Governor, — George  Abernetby  ;   Secretary  of  Territory, — Fred- 
erick  Prigg  ;    Territorial  Recorder, — Theopilus    McGruder  ;    Post- 
master General,— Wm.  G.  T' Vault. 

The  Legislature  met  at  Oregon.  City,  Dec.  7.  1847. 
Champoeg  county — Wm.  H.  Rector,  W.  H.  Reese,  A;  Chamberlain, 
Anderson  Cox,  and  Robert  Newell ;  Clackamas — M.  Crawford,  J.  M. 
Wair  and  S.  S.  White  ;  Polk—].  W.  Nesmith,  M.  A.  Ford  ;  Yamhill 
A.J.  Hembree,  L-  Rogers  ;  Tuality — R.  Wilcox,  D.  Hill,  J.  L.  Meek; 
Clatsop — J.  Robinson  ;  Lewis — S.  Plamondeau  ;  Vancouver — H. 
W.  Peers.     Mr.  Peers  did  not  attend  during  the  session. 

Speaker,  Robert  Newell ;  Chief  Clerk,  Calvin  W.  Cook  ;  Engross- 
ing Clerk,  J.  E.  Lyle  ;  Sergeant-at-arms,  Wm.  Holmes. 

Governor  Abernethy  sent  in  his  message  from  which  I  make  the  following  ex- 
cerpta  : 

"  Contrary  to  the  expectation  of  all  who  reside  in  this  Territory,  you  are  again 
convened  under  the  Provisional  Goveninieut  of  Oregon.  After  learning  that  the 
boundary  line  question  was  settled,  there  was  hardly  a  doubt  resting  in  the  mind  of 
any  individual  with  regard  to  the  extension  of  the  jurisdiction  of  the  United  States 
over  this  Territory'.  We  have  been  sadly  disappointed,  and  hope,  which  was  so 
fondly  cherished,  begins  to  sink  into  despair  in  the  hearts  of  many.  Our  situation 
is  not  a  pleasant  one,  on  account  of  the  uncertainty  of  it.  We  may  be,  in  less  than 
six  months,  under  the  laws  and  government  of  the  United  States  ;  and  we  may,  on 
the  other  hand,  exist  in  our  present  state  several  years.  This  uncertainty  will,  no 
doubt,  embarrass  you  in  your  proceedings.  If  we  remain  as  we  are  for  any  length 
of  time,  ways  and  means  must  be  devised  for  raising  a  more  extensive  revenue. 
The  laws  should  be  published  in  a  convenient  form  ;  a  fund  set  apart  for  treating 
with  Indians,  and  many  other  things  provided  tor,  that  we  have  thus  far  dispensed 
with,  but  which  must  be  attended  to,  in  order  that  we  may  carry  out  the  principles 
under  which  we  have  associated. 

This  being  the  first  session  of  the  present  Congress,  they  will  have  more  time 
to  devote  to  the  formation  of  a  government  for  this  Territory,  than  at  the  last  ses- 
sion. *  *  These  things  lead  to  the  hope  that  among  the  first  acts  of 
Congress,  will  be  the  passage  of  an  act  to  establish  a  Territorial  Government  in 
Oregon. 

In  my  message  of  1845,  I  recommended  that  ''n  addition  to'gold  and  silver, 
wheat  should  be  the  only  article  used  in  the  country  as  a  legal  tender.  The  Leg- 
islature added  treasury  drafts,  and  orders  on  solved'  merchants.  I  would  recom- 
mend the  repeal  of  that  part  of  the  act  which  mak  >.  s  treasury  drafts  and  orders  on 
solvent  meichants  a  lawful  tender,  receiving  treasury  drafts,  however,  in  payment 
of  taxes  and  debts  due  the  government.     Gold  and  silver  are  much  more  plentiful 


1847 

pposed 
bers  of 


— Fred - 
Post- 


berlain, 
d,J.  M. 
VamhiU 
,.  Meek; 
rer— H. 

'ngross- 

owing  ex- 
are  again 
g  that  the 
emincl  of 
itcd  States 
ch  was  so 
r  situation 
a  less  than 
ra  may,  on 
ty  will,  no 
iny  length 
revenue, 
or  treating 
•  dispensed 
principles 

more  time 
he  last  ses- 
first  acts  of 
ernment  in 

and  silver. 
The  Leg- 
)uld  recom- 
id  orders  on 
in  payment 
)re  plentiful 


;  r  '■'  •«■? 


■r 


1847 


PROVISIONAL,  GOVERNMENT. 


309 


in  the  Territory  now,  than  two  years  ago,  and  could  be  made  the  only  lawful  ten- 
der without  detriment  to  the  community,  still,  I  think  wheat  had  better  remain  in 
connection  with  gold  and  silver  ;  it  is  a  staple  article  and  can  always  be  disposed 
of  to  merchants  and  others." 

Our  relation  with  the  Indians  becomes  every  year  more  embarrassing.  They 
see  the  white  man  occupying  their  land,  rapidly  filling  up  the  country,  and  they 
put  in  a  claim  for  pay.  They  have  been  told  that  a  chief  would  come  out  from  the 
United  States  and  treat  with  them  for  their  lands.  They  have  been  told  this  so 
often  that  they  begin  to  doubt  the  truth  of  it ;  at  all  events,  they  say  he  will  not 
come  until  we  are  all  dead,  and  then  what  good  will  blankets  do  us  ?  We  want 
something  now.  This  leads  to  trouble  between  the  settlers  and  the  Indians  about 
him.  Some  plan  should  be  devised  by  which  a  fund  could  be  raised  and  presents 
made  to  the  Indians  of  sufficient  value  to  keep  them  quiet  until  an  agent  arrives 
from  the  United  States.  A  number  of  robberies  have  been  committed  by  the  In- 
dians in  the  upper  country  upon  the  emigrants  as  they  were  passing  through  their 
territory.  This  should  not  be  allowed  to  pass.  An  appropriation  should  be  made 
by  you,  sufficient  to  enable  the  superintendent  of  Indian  affairs  to  take  a  small 
party  in  the  spring  and  demand  restitution  of  the  property,  or  its  equivalent  in 
horses.  Without  an  appropriation  a  sufficient  party  could  not  be  induced  to  go 
up  there,  as  the  trip  is  an  expensive  one. 

I'he  emigration  the  past  season  has  been  much  larger  than  any  preceding 
year,  amounting  to  between  four  thousand  and  five  thousand  souls.  They  have 
all  arrived  in  the  settlements,  unless  a  few  families  should  still  be  at  The  Dalles 
and  Cascades,  and  scattered  themselves  over  the  territory.  The  most  of  them  are 
farmers  and  mechanics,  and  they  add  much  to  the  future  welfare  and  prosperity 
of  Oregon. 

During  the  past  year  we  have  been  visited  by  a  .number  of  vessels,  some  of 
them  drawing  more  water  than  the  vessels  which  ha*  o  usually  visited  us.  I  am 
happy  to  say  they  received  full  cargoes  on  board  and  crossed  the  bar  in  safetj'. 
The  provisions  of  the  pilot  law  have  been  carried  out  and  its  good  effects  are  al- 
ready visible.  The  able  pilot  at  the  mouth  of  the  river  has  made  himself  thor- 
oughly acquainted  with  the  channels  and  currents,  thus  diminishing  the  dangers 
formerly  attending  vessels  coming  into  the  river.  The  time  is  not  far  distant 
when  our  river  will  be  entered  with  more  ease  and  facility  than  many  of  the  ports 
of  the  United  States  on  the  Atlantic  coast,  and  captains  will  wonder  why  the  en- 
trance was  so  much  dreaded,  forgetting  that  they  are  reaping  the  benefits  of  ex- 
perience.       *        *        *  GEO.  ABERNETHY. 

Oregon  City,  December  7,  1847. 

The  Governor  recommended  that  the  office  of  Territorial  Recorder 
be  abolished,  and  the  count}'  recorders  record  all  land  claims,  as  the 
settlement  was  extending  so  far  as  to  cause  great  expense  and  loss  of 
time  to  go  to  the  office  of  Territorial  Recorder. 

The  Governor  took  strong  ground  against  the  liquor  law  and  de- 
sired a  prohibition  law  enacted  instead. 

The  following  letter  written  b}^  Secretar}'  of  State  Buchanan  to 
J.  M.  Shively  was  circulated  through  the  Territory: 


Sir 


Department  of  State,  Washington  City,  March  29,  1847. 
On  the  eve  of  your  departure  for  Oregon,  the  President  has  instructed 


■'I 


il 


'I  ' 


310 


brown's  politicai,  history. 


1847 


:l:^ 


f 


*!{? 


me  to  communicate  to  you  his  views  in  regard  to  that  Territory,  so  that  you  may 
make  them  known  to  its  inhabitants.  He  deems  you  a  suitable  agent  for  this  pur- 
pose, as  you  are  now  an  officer  of  the  United  States,  having  been  commissioned 
deputy  postmaster  at  Astoria. 

The  President  deeply  regrets  that  Congress  did  not,  at  their  last  session,  enact 
a  law  establishing  a  Territorial  Government  in  Oregon.  A  bill  for  this  purpose 
passed  the  House  of  Representatives  on  the  i6th  of  January  last  by  a  vote  of  133 
to  35.  It  failed  in  the  Senate,  not  ,as  I  am  firmly  convinced,  for  want  of  disposi- 
tion on  the  part  of  a  majoritj'  to  provide  a  Government  for  that  interesting  portion 
of  the  Republic,  but  because  other  urgent  and  important  business  connected  with 
the  Mexican  war  did  not  allow  the  necessary  time  before  the  closing  of  their  short 
session,  to  discuss  atid  perfect  its  details.  For  this  reason  alone,  it  was  laid  upon  the 
table  on  the  day  Congress  finally  adjourned.  It  is  the  intention  of  the  President,  in 
hip  message  to  Congress  in  December  next,  to  reiterate  his  recommendation  in  re- 
gard to  Oregon  contained  in  his  last  annual  message.  No  doubt  is  entertained 
that  Congress  will,  at  an  early  period  after  their  meeting,  create  a  Territorial 
Government  for  Oregon  ,  extending  over  it  our  laws  relating  to  trade  and  inter- 
course with  the  Indian  tribes ;  establishing  custom  houses ;  making  liberal  grants 
of  land  to  those  bold  and  patriotic  pioneers,  who,  amidst  great  privation  and 
dangers,  have  established  their  settlements  upon  the  soil. 

An  earnest  of  this  is  afforded  by  the  recent  act  carrying  into  effect  the  recom- 
mendation of  the  President,  so  far  as  regards  the  extension  of  our  postoffice  laws 
and  the  grant  of  mail  facilities  to  our  fellow  citizens  in  Oregon.  This  will  appear 
from  a  certified  copy  now  furnished  you,  of  part  of  the  first  section,  and  of  the 
second,  sixth  and  seventh  sections  of  the  act,  approved  March  3,  1847,  "  to  estab- 
lish certain  post  routes  and  for  other  purposes."  I  am  authorized  by  the  Post- 
master-General to  assure  you  that  all  the  provisions  contained  in  these  sections 
will  be  carried  into  effect  with  as  little  delay  as  possible.  Thus,  you  will  perceive, 
that  the  means  have  already  been  provided  for  the  conveyance  of  public  informa- 
tion and  private  correspondence  amongst  the  citizens  of  our  States  and  Territories 
east  of  the  Rocky  mountains. 

Besides,  the  late  Congress,  at  their  first  session  by  tne  act  of  the  19th  of  May, 
1846,  provided  for  raising  a  regiment  of  mounted  riflemen,  for  the  express  pur- 
pose of  affording  a  secure  passage  through  the  intervening  Indian  territory  to 
emigrants  on  their  way  to  Oregon  and  for  the  establishment  of  military  posts  along 
the  route  for  their  protection. 

The  people  may  rest  assured  that  the  Government  and  the  people  of  the 
United  States  will  never  abandon  them,  or  prove  unmindful  of  their  welfare.  We 
have  given  a  sufficient  pledge  of  this  determination  by  the  zeal  and  firmness  with 
which,  throughout  a  quarter  of  a  century,  our  just  right  to  that  territory  was 
steadfastly  maintained  against  the  claims  of  Great  Britain,  until  at  last  the  ques- 
tion was  finally  adjusted  between  the  two  powers  by  the  treaty  of  June,  1846. 
That  treaty  has  secured  to  us  the  v/hole  territory  on  the  continent  south  of  the 
parallel  of  49°;  and  this  we  shall  never  abandon. 

We  feel  the  deepest  intrresi  in  the  prosperity  of  the  people  of  Oregon,  Their 
brethren  on  this  side  of  the  Rocky  mountains  regard  them  with  affection  ,ind 
hope.  We  can  perceive  in  the  not  distant  future,  one  or  more  glorious  States  of 
this  Confederacy  springing  into  existence  on  the  shores  of  the  Northern  Pacific — 
States  composed  of  our  own  kindred,  of  a  people  speaking  our  own  language, 
governed  by  institutions  similar  to  those  which  secure  our  own   happiness,  and 


T^ 


1847 


1847 


PROVISIONAL    OOVKKNMKNT. 


311 


you  may 
this  pur- 
lissioiied 

:)ii,  enact 
purpose 
te  of  133 
■  disposi- 
r  portiou 
:te(l  with 
icir  short 
upon  the 
sident,  in 
ion  in  re- 
tertained 
'erritorial 
nd  inter- 
•al  grants 
ition  and 

le  recom- 
ffice  laws 
ill  appear 
nd  of  the 
'  to  estab- 
the  Post- 
2  sections 
[perceive, 
;  in  form  a- 
ferritories 

:h  of  May, 
press  pur- 
?rritory  to 
osts  along 

pie  of  the 
!lfare.  We 
nness  with 
ritory  was 
t  the  ques- 
Juue,  1846. 
)uth  of  the 

on.  Their 
"ectioii  and 
is  States  of 
-n  Pacific — 
1  language, 
piness,  and 


extending  the  blessings  of  religion,  liberty  and  laws  over  that  vast  region.  Their 
commerce  and  intercourse  with  the  other  States  of  the  Union  will  confer  mutual 
benefits  on  all  parties  concerned,  and  will  bind  them  to  us,  and  us  to  them,  in 
bonds  of  reciprocal  interest  and  affection  more  durable  than  adamant.  Science 
has  discovered,  and  enterprise  is  now  fast  c^stablishing,  means  of  intercoinmuni' 
cation  so  rapid  that,  at  no  distant  <lay,  a  journey  from  New  York  to  Oregon  will 
be  accomplished  in  less  time  than  was  once  employed  in  traveling  from  that  city 
to  New  Orleans,  and  important  news  will  be  communicated  with  the  velocity  of 
lightning.  Their  foreign  commerce  with  the  west  coast  of  America,  with  Asia 
and  the  isles  of  the  Pacific,  will  sail  under  the  protection  of  our  common  flag,  and 
cannot  fail  to  bear  back  wealth  in  abundance  to  their  shores.  In  the  meantime, 
we  shall  watch  over  their  growth  with  parental  care. 

The  President  will  direct  our  vessels  of  war  to  visit  their  ports  and  harbors  as 
often  as  practicable,  and  to  afford  them  all  the  protection  which  they  may  require; 
and  Congress,  I  doubt  not,  will,  at  its  next  session,  provide  for  them  a  Territorial 
Government  suited  to  their  wishes  and  their  wants. 

Yours  very  respectfully, 

JAMES  BUCHANAN,  Secretary  of  State. ' 
John  M.  Shivbly,  Esq.,  appointed  Deputy  Postmaster  at  Astoria,  Oregon  Ter- 
ritory. 

Mr.  Shively  also  brought  the  following  letter  from  Senator  Benton 
to  the  people  of  Oregon,  that  was  extensiv^ely  read  and  copies  made  of  it 
to  send  to  different  parts  of  the  Territory,  and  as  all  knew  he  was  doing 
everything  possible  for  them,  it  gave  encouragement  to  all.  This  copy 
is  from  the  original  now  on  file  in  the  State  Department  at  Salem  : 

Washington  City,  March,  1847. 

My  friends  (  for  such  I  may  call  many  of  you  from  personal  acquaintance, 
all  of  you  from  my  thirty  years  devotion  to  the  interests  of  your  country  ),  I  think 
it  right  to  maks  this  communication  to  you  at  the  present  moment  when  the  ad- 
journment of  Congress,  without  passing  the  bill  fit  y  'Ur  government  and  protec- 
tion, seems  to  have  left  you  in  a  state  of  abandonu.jut  by  your  mother  country. 
But  such  is  not  the  case,  You  are  not  abandoned.  Nor  will  you  be  denied  protec- 
tion unless  you  agree  to  admit  slavery.  I,  a  man  of  the  South,  and  a  slaveholder, 
tell  you  this.  The  House  of  Representatives,  as  early  as  the  middle  of  January, 
had  passed  the  bill  to  give  you  a  Territorial  Government,  and  in  that  bill  had  sanc- 
tioned and  legalized  your  Provisional  Organic  act,  one  of  the  clauses  of  which  for- 
ever prohibited  the  existence  of  slavery  in  Oregon.  An  amendment  from  the  Sen- 
ate's committee,  to  which  this  bill  was  referred,  proposed  to  abrogate  that  prohibi- 
tion, and  in  the  delays  and  vexations  to  which  that  amendment  gave  rise,  the  whole 
bill  was  laid  upon  the  table  and  lost  for  the  session.  This  will  be  a  great  disap- 
pointment to  you  and  a  real  calamity,  already  five  years  without  law  or  legal  insti- 
tutions for  the  protection  of  life,  liberty  and  property,  and  now  doomed  to  wait  a 
year  longer.  This  is  a  strange  and  anomalous  condition,  almost  incredil)le  to  con- 
template, and  most  critical  to  endure.  A  colony  of  freemen,  four  thousand  miles 
from  the  metropolitan  Government  to  prcsevc  them.  But  do  not  be  alarmed  or 
desperate.     You  will  not  be  outlawed  for  not  admitting  slavery. 

Your  fnndamental  act  against  that  institution,  copied  from  the  ordinance  of 

I  App.  Globe,  ist  Ses.  ^olli  Cong.  p.  ,)n. 


M: 


f; 


312 


bkown's  pol,itical  history. 


1047 


1787  ( the  work  of  great  nieti  of  the  South,  in  the  j^reat  day  of  the  South,  prohib- 
ited slavery  in  a  territory  far  less  northern  than  yours)  will  not  be  abrogated.  Nor 
is  that  the  ititention  of  the  prime  mover  of  the  amendment.  Upon  the  record  of 
the  Judiciary  Committee  of  the  Senate  is  the  author  of  that  amendment,  but  not  so 
in  fact.  It  is  only  midwife  to  it.  Its  ai  thor  is  the  same  mind  that  generated  the 
"Fire  Brand  Resolution,  '  of  which  I  send  you  a  copy,  and  of  which  the  amend- 
ment is  the  legitimate  derivation.  Oregon  is  not  the  object.  The  most  rabid 
propagandist  of  slavery  cannot  expect  to  plant  it  on  the  shores  of  the  Pacific  in  the 
latitude  of  Wisconsin  and  the  Lake  of  the  Woods.  A  home  agitation  for  election 
and  disunion  purposes,  is  all  that  is  intended  by  thrusting  this  firebrand  question 
into  your  bill  as  it  ought  to  be.  I  promise  you  this  in  the  name  of  the  South,  as 
well  as  of  the  North  ;  and  the  event  will  not  deceive  me.  In  the  meantime  the 
President  will  give  you  all  the  protection  which  existing  laws  can  enable  him  to 
extend  to  you,  and  until  congress  has  time  to  act,  your  friends  must  rely  upon  you 
CO  continue  to  govprn  yourselves  as  you  have  heretofore  done  under  the  provisions 
of  your  own  voluntary  compact,  and  with  the  justice,  harmony  at  '  moderation 
which  is  due  to  your  own  character  aiid  to  the  honor  of  the  Ameri  ame. 

I  send  to  you  by  Mr.  Shively,  a  copy  of  the  bill  of  the  late  s^  ,  both  as  it 

passed  the  House  of  Representatives  and  as  proposed  to  be  amended  in  theSena,te's 
vote  upon  laying  it  upon  the  table,  and  a  copy  of  Mr.  Calhoun's  resolution  (  pos- 
terior in  date  to  the  amendment,  but  nevertheless  its  father) ;  also  a  copy  of  your 
own  Provisional  Organic  act,  printed  by  order  of  the  Senate  ;  all  of  which  will  put 
you  completely  in  possession  of  the  proceedings  of  Congress  on  your  petition  for  a 
Terri  .orrial  Government,  and  for  the  protection  and  security  of  your  rights. 

It'  conclusion,  I  have  to  assure  you  that  the  same  spirit  which  has  made  me 
the  friend  of  Oregon  for  thirty  years — which  led  me  to  denounce  the  joint  occupa- 
tion treaty  the  day  it  was  made,  and  to  oppose  its  renewal  in  1828,  rind  to  labor  for 
its  abrogation  until  it  was  terminated,  the  same  spirit  which  led  me  to  reveal  the 
grand  destiny  of  Oregon  in  articles  written  in  1818,  and  to  support  every  measure 
for  her  benefit  since — the  same  spirit  animates  me  and  will  continue  to  do  so  wiiile 
I  live — which  I  hope  will  be  long  cnouiih  to  see  .-in  emporium  of  .Vsiatic  commerce 
at  the  mouth  of  your  river  and  a  stream  of  Asiatic  trade  pouring  into  the  valley  of 
the  Mississippi  through  the  channel  of  Oregon. 

Your  friend  and  fellow-citizen. 

THOMAS  H.   BENTON. 


Hon.  Richard  M.  Young,  Conitnissioner  of  the  General  Land  Office, 
dated  Washington,  Nov.  27,  1847,  '"  ^^i^  report  says  : 

"  The  propriety  of  extending  our  admirable  land  system  over  the  Territory  of 
Oregon,  attracted  considerable  attention  during  the  last  Congress,  and  a  bill  for 
that  purpose  was  presented  for  consideration  of  the  Senate,  by  the  able  chairman 
of  the  committee  on  Public  Lands. 

By  providing  for  the  survey  of  the  rich  and  fertile  lands  bordering  on  the  I'a- 
cific,  in  Oregon,  and  granting  ;::nnificent  bounties  to  the  present  settlers,  and  to 
those  who  may  remove  there  in  a  given  time,  that  Territory  will  soon  be  settled  by 
a  virtuous,  hardy  and  patriotic  people,  who,  carrying  with  them  the  principles  of 
civil  and  religious  liberty,  in  which  they  have  been  educated,  will  with  their 
usual  enterprise  develop  the  wealth  of  that  interesting  region,  perpetuate  our  in- 
stitutions, and  extend  our  commerce." 


•7""i!l 


I 


164: 


1847 


PROVISIONAL   GOVKRNMENT. 


313 


Congressional. 

On  Uecember  23,  1846,  Mr.  S.  A.  Douglas,  of  Illinois,  chairman  of  the  com- 
mittee on  territories,  reported  a  bill  to  establish  a  Territorial  Government  in  Ore- 
gon, which  was  twice  read  and  referred  to  the  committee  of  the  whole  on  the 
state  of  the  Union,  and  made  a  special  order  of  the  day  for  Tuesday,  the  5th  of 
January  next.  Mr.  Thompson,  of  Massachusetts,  wished  to  know  if  there  was  a 
section  providing  against  the  introduction  of  slavery  in  the  Territory  of  Oregon, 
and  if  not  he  would  introduce  an  amendment  to  that  effect.  To  this,  Mr.  Doug- 
las replied,  by  reading  the  fourteenth  section  of  the  bill,  which  extended  the  pro- 
visions of  the  ordinance  of  1787  to  the  Oregon  Territory,  and  said  he  presumed 
the  gentleman  would  find  slavery  expressly  prohibited  by  that  ordinance.  The 
first  portion  of  section  five,  elicited  considerable  discussion  by  those  who  were 
afraid  that  the  officers  or  members  of  the  Hudson's  Bay  Company  would  become 
members  of  the  Legislature  and  run  things  to  suit  themselves  and  to  the  detri- 
ment of  the  American  interest.  IV' 1.  Douglas,  then  proposed  a  modification  of 
the  section,  as  follows  : 

"  That  every  free  white  male  inhabitant  above  the  age  of  twenty-one,  who 
shall  have  been  a  resident  of  said  territory  at  the  time  of  the  passage  of  this  act, 
and  shall  possess  the  qualifications  hereinafter  prescribed,  shall  be  entitled  to 
vote  at  the  first  election  ;  but  the  qualifications  of  voters  at  all  subsequent  elec- 
tions shall  be  such  as  shall  be  prescribed  by  the  Legislative  Assembly  ;  provided, 
that  the  right  of  suffrage  shall  be  exercised  only  by  citizens  of  the  United  States, 
and  those  who  shall  have  declared  on  oath,  before  some  court  of  record,  their  in- 
tention to  become  such,  and  shall  have  taken  an  oath  to  support  the  Constitution 
of  the  United  States  and  the  provisions  of  this  act." 

The  next  amendment  offered  was  to  the  sixth  section  in  regard  to  incorporat- 
ing banks,  which  was  adopted.  The  seventh,  eighth,  ninth  and  tenth  sections 
were  agreed  to  ;  the  eleventh  Mr.  Douglas  moved  to  pay  the  judges  in  Oregon 
$2,cK)D,  but  the  blank  was  finally  filled  at  $1,500.  Mr.  Stephen  Adams  offered  to 
amend  section  twelve  by  the  following  : 

'•'Provided ,  That  nothing  in  relation  to  slavery  in  this  act  shall  be  construed 
as  an  intention  to  interfere  with  the  provisions  or  spirit  of  the  Missouri  com- 
promise, but  the  same  is  hereby  recognized  as  extending  to  all  territory  which 
may  hereafter  be  acquired  by  the  United  States." 

Mr.  Hamlin,  of  Maine,  offered  the  following  amendment  to  the  proviso : 
^'Provided,   Nothing  herein  contained  on  the  subject  of  slavery  shall  be  con- 
strued as  intending  to  interfere   in  anywise  with  the  provisions  or  spirit  of  the 
Missouri  compromise." 

Mr.  Hamlin  said  he  would  vote  for  the  amendment  without,  however,  any 
reference  to  the  Missouri  compromise.  He  held  that  that  compromise  had  noth- 
ing to  do  with  the  Territory  of  Oregon.  He  should  vote  under  the  belief  that  the 
compromise  had  no  more  application  to  the  Territory  of  Oregon  than  it  had  with 
the  East  Indies.  Gentlemen  asked  him,  why  then  put  it  into  the  bill?  He 
would  tell  them  why  ;  because,  if  this  were  not  inserted,  sla^  °ry  would  creep  into 
this  Territory  as  certainly  as  ever  Satan  crept  into  the  garden  of  Kden.  Mr. 
Adams  withdrew  his  amendment,  and  the  proviso  went  with  it.  Mr.  Burt,  of  South 
Carolina,  movtd  to  amend  the  twelfth  section  by  inserting  in  the  seventh  line  be- 
tween the  words  "  and  "  and  "  shall  "  the  following  ; 

"  Inasmuch  as  the  whole  of  the  said  Territory  lies  north  of  36°  30'  north  lati- 
tude, known  as  the  line  of  the  Missouri  compromise." 


il: 


Jl! 
II' 


314 


brown's  political  history. 


1847 


1    '■ 


Mr.  Burt  said  :  *  *  *  "  The  moderation  and  wisdom  which  averted 
a  war  from  the  United  States  and  Great  Britain  by  the  happy  and  peaceful  ad- 
justment of  their  long  protracted  controversy  about  the  limits  on  the  northwest 
coast  of  the  continent.  It  was  a  signal  triumph  of  moderation  and  justice  over 
passion  and  pride.  By  that  treaty  they  had  acquired  a  territory  west  of  the 
Rocky  mountains,  extending  from  the  parallel  of  forty-two  degrees  to  the  parallel 
of  forty-nine  degrees  north  latitude.  They  obtained  a  country  whose  area  was 
sufficient  for  the  formation  of  four  or  five  States  of  the  medium  size.  It  was  a 
country  which  possessed  many  and  important  advantages.  It  had  a  mild  and 
genial  climate — a  generous  and  fertile  soil.  It  could  command  the  commerce  of 
Chma,  of  India,  of  Japan,  and  the  islands  of  the  South  Sea." 

Mr.  Burt  claimed  that  the  IVIissouri  compromise  did  not  apply  or  reach  as  far 
as  the  Pacific  coast.  That  the  causes  of  acquisition  of  territory  was  different. 
The  Louisiana  purchase  comprised  Louisiana,  Missouri,  Arkansas  and  Iowa,  audit 
was  made  to  obtain  control  of  the  Mississippi  river,  and  a  concession  of  mutual 
rights  resulted  in  the  following  as  what  is  known  as  the  Missouri  compromise  : 

"Sec.  8.  And  be  it  further  enacted.  That  in  all  of  that  territory  ceded  by 
France  to  the  United  States  under  the  name  of  Louisiana,  which  lies  north  of  36° 
30'  north  latitude,  and  included  within  the  State  contemplated  by  this  act,  slavery 
and  involuntary  servitude,  otherwise  than  in  the  punishment  of  crimes  whereof 
the  parties  shall  have  been  duly  convicted,  shall  be,  and  is  hereby,  forever  pro- 
hibited; provided  always ,  That  any  person  escaping  into  the  same,  from  whom  labor 
or  service  is  lawfully  claimed,  in  any  State  or  Territory  in  the  United  States,  such 
fugitive  may  be  lawfully  reclaimed,  and  conveyed  to  the  person  claiming  his  or 
her  labor  or  services  as  aforesaid."     Approved  March  6,  1820. 

The  above  is  the  eighth  section  of  the  act  of  Congress  authorizing  the  people 
of  Missouri  Territory  to  form  a  Constitution  and  State  Government  and  admission 
in  the  Union. 

Mr.  Leake,  of  Virginia,  presented  reasons  which  would  induce  him  to  vote 
against  the  bill,  and  against  all  similar  legislation.  He  complained  that  the 
House  seemed  to  ha\e  been  converted  into  a  magnificent  abolition  society,  and 
expressed  Iiis  fears  that  the  abolitionists,  after  laying  their  profane  hands  on  the 
altars  of  religion  and  the  halls  of  legislation,  would  next  assail  the  bulwarks  of 
the  Constitution  itself,  and  break  like  an  avalanche  on  the  peace  a:ul  security  of 
the  entire  South,  He  was  sick  and  tired  of  compromises ;  the  South  had  entered 
into  maiiy,  and  they  had  all  been  violated.  He  considered  the  vote  this  morning 
as  an  indication  that  the  Missouri  compromise  was  considered  as  no  longer  of  any 
obligation,  and  an  intimation  that  the  institutions  of  the  South  were  no  longer  to 
be  respected. 

Thus,  it  will  be  seen,  that  the  Oregon  bill  created  a  great  deal  of  discussion 
and  finally  passed  the  House  on  January  t6,  1847,  by  a  vote— yeas,  133  ;  nays,  35. 

On  January  iH,  1847,  the  Senate  received  from  the  House  the  bill  to  organiz-^ 
a  Territorial  Government  in  Oregon,  which  was  read  the  first  and  second  time 
and  referred  to  the  committee  on  judiciary.  The  next  move  was  the  report  of 
that  committee  with  several  amendments.  The  third  time  that  the  bill  came  was 
on  March  3,  1847,  just  at  the  close  of  the  second  se.ssion  of  the  twenty  ninth  Con- 
gress, and  was  laid  on  the  table  by  a  vote — yeas,  26;  nays,  18.  Thus  died  the  hill 
after  a  .strong  ])ut  short  existence. 


til 


NoTK.S. — Mr.  Fred  Lee  Lewis,   who  was  born   in  Oregon,  when  only  fifteeJi 
years  old,  rode  seventy-five  miles  between  daylight  and  noon — from  old  Fort  Col- 


'r"fi 


1847 

1  averted 
ceful  ad- 
lortliwest 
itice  over 
st  of  the 
e  parallel 
area  was 
It  was  a 
mild  and 
imerce  of 

ach  as  far 
different, 
wa,  and  it 
of  mutual 
omise  : 
ceded  by 
.rth  of  36° 
ct,  slavery 
s  whereof 
rever  pro- 
hom  labor 
;ates,  such 
ing  his  or 

the  people 
admission 

m  to  vote 
\  that  the 
)ciety,  and 
lids  on  the 
lUvarks  of 
security  of 
ad  entered 
s  morning 
ger  of  any 
D longer  to 

discussion 
;  "ays,  35. 

0  organiz,^ 
cond  time 
.e  report  of 

1  ciitne  was 
ninth  Con- 
ied  the  bill 


inly  fifteen 
d  Fort  Col- 


1847 


PROVISIONAL   GOVERNMENT 


315 


ville  to  Spokane.  He  says  :  "  M3'  father  sent  me  out  on  his  swiftest  horse  a  few 
days  after  the  Whitman  massacre  to  warn  the  families  at  the  Spokane  mission 
that  the  Indians  were  out  and  to  urge  them  to  come  to  the  fort  at  once  for  protec- 
tion. Walker's  family  came  up  the  next  day  and  staid  at  the  fort  until  the  troops 
escorted  them  back  in  safetj-  to  the  settlements." 

The  following  is  the  exports  from  Oregon  during  the  month  of  April,  1847  : 
Hudson's  Bay  Company's  barlt  Colujndia,  gix>  barrels  of  flour;  American  bark, 
Toulon,  386  barrels  of  flour,  94,000  feet  of  lumber;  American  brig.  Commodore 
Stockton,  450  barrels  of  flour,  7,000  feet  of  lumber ;  American  brig,  Henry,  70,000 
feet  of  lumber,  96,000  shingles;  showing  a  total  export  of  1,736  barrels  of  flour, 
171,000  feet  of  lumber  and  96,cxx>  shingles. — Spectator,  May  13,  1847. 

On  May  13,  1847,  Mr.  Abernethy  announced  himself  as  a  candidate  for  re- 
election to  the  office  of  Governor.  Also,  at  the  same  time,  Mr.  A.  S.  Lovejoy  an- 
nounced himself  as  a  candidate  for  the  same  office. 


THE  CAYUSE  WAR. 


On  October  27,  1847,  the  first  general  massacre  of  American  fam- 
ilies occurred  at  Waiilatpu,  within  a  few  miles  of  where  now  stands 
the  beautiful  city  of  Walla  Walla,  Washington,  but  was  known  then 
as  a  portion  of  Oregon.  There  were  at  the  mission  about  seventy  per- 
sons, men,  women  and  children.  Of  which  Dr.  Marcus  Whitman,^ 
Mrs.  Narcissa  Whitman,  wife  of  Dr.  Whitman,  and  several  others  were 
killed.  The  account  of  the  manner  will  be  given  in  the  following  pages, 
also  a  history  of  the  war  with  the  reports  of  officers,  and  official  docu- 
ments so  far  as  obtainable.  The  event  aroused  the  American  portion 
of  the  settlers  in  Oregon  to  a  keener  sense  of  the  great  danger  with 
which  they  were  environed.  The  bold  and  energetic  measures  to  in- 
vade the  enemy's  country  ukI  punish  the  tribe  for  their  crime,  was 
both  unlocked  for  and  a  surprise  to  all  the  Indian  tribes  along  the  Co- 
lumbia river.  It  also  demonstrated  to  them  that  the  Americans  were 
not  women  as  they  had  been  told  and  would  fight.  The  first  and 
a  very  important  movement  was  the  occupation  and  holding  the  key 
of  the  whole  situation.  Wascopam,  now  The  Dalles.  There  was  not 
as  many  whites  or  Indians  killed  in  this  war  as  is  usual,  but  the  moral 
effect  upon  the  Indians  was  as  beneficial  as  if  attended  with  greater 
loss  of  life.  There  is  only  one  thing  that  an  Indian  respects  in  a  white 
man,  and  that  is  power.  That  once  established,  he  is  peaceable  and 
friendly,  but  if  the  .situation  is  otherwise,  he  only  holds  contempt  and 
often  hatred. 

I  Marcus  Whitman,  M.  D.,  was  born  Sept.  .},  1802,  at  Rusliville,  N.  Y.,  aud  was  niarriecl,  Feb- 
ruary, 1H36,  to  Narcissa  Ptentiss,  (laughter  of  Hon.  Stephen  I'reutiss.  She  was  born  at  i'rattsburg, 
N.  Y.,  March  14,  iSoS.—0>eg:o>i  Missions. 


1 1  if 


3i6 


brown's  political  history, 


1847 


y 


^m-. 


The  Whitman  Massacre. 

The  causes  of  this  tragedy  were  numerous  and  somewhat  compli- 
cated, and  were  augmi"'*ing  several  years  anterior  to  their  culmination. 
It  is  my  purpose  to  give  the  facts  as  concisely  as  possible.  Dr.  Whit- 
man settled  at  Waiilatpu,  in  November,  1836,  apparently  under  favor- 
able auspices,  but  the  Cayuse  Indians  were  naturally  of  an  intracta- 
ble disposition,  and  did  not  take  kindly  to  religion  and  agriculture, 
and  the  progress  towards  civilization  was  not  encouraging.  The 
reports  that  were  received  by  the  Executive  Committee  of  the  Board 
of  Foreign  Mission  were  of  such  a  discouraging  a  nature,  that  they  or- 
dered the  stations  at  Waiilatpu  ( Whitman),  Lapwai  ( Spalding)  and 
Kamiah  (Eells)  to  be  rbandoned,  and  a  meeting  was  called  to  be  held 
at  Waiilatpu.  This  was  attended  by  Revs.  Whitman,  Spalding,  Eells, 
Walker,  and  Mr.  Gray.  After  a  long  and  earnest  consultation,  it  was 
determined  by  Spalding  that  he  would  remain  at  Lapwai,  and  Whit- 
man that  he  would  hold  Waiilatpu.  The  former  was  prosperous  under 
Spalding,  and  the  latter  becoming  more  valuable  as  a  stopping  place 
for  those  en  route  across  the  plains  and  to  obtain  the  much  needed  sup- 
plies of  vegetables  of  which  they  had  been  deprived  while  on  the  trip. 
Besides  this,  the  Doctor  was  an  ardent  American,  and  desired  to 
solve  the  question  of  the  possibility  of  bringing  wagons  from  Fort  Hall 
across  the  mountains  to  the  Columbia  valley,  and  thus  increase  the 
tide  of  immigration  to  the  country.  To  carry  out  this  laudable  and 
patriotic  idea,  the  Doctor  determined  to  attempt  to  cross  the  continent 
that  winter,  against  the  strong  protests  of  Revs.  Walker  and  Eells,  to 
lay  the  church  matter  before  the  Board  and  the  value  and  desirability 
of  the  country  before  the  General  Government. 

After  sending  Mrs.  Whitman  to  The  Dalles  to  remain  until  his  re- 
turn, on  Oct.  3,  1842,  in  company  with  Mr.  A.  h.  Lovejoy  and  an 
Indian  as  guide  to  Fort  Hall,  he  started  upon  what  proved  to  be  a  per- 
ilous but  successful  trip.  In  an  hour  or  two  after  leaving  the  station, 
an  incident  occurred  that  nearly  terminated  the  proposed  trip  forever. 
The  Cayuse  Indians  supposing  that  the  Doctor  was  going  to  leave 
them  entirely,  blocked  the  way  and  demanded  that  he  should  return, 
claiming  that  he  had  made  several  promi.ses  that  he  had  not  fulfilled, 
among  them  that  he  had  not  built  a  grist  mill  or  raised  as  much  grain 
as  they  expected,  and  recalled  quite  a  number  of  frivolous  promises  that 
he  had  unfortunately  made,  and  in  the  multiplicity  of  his  affairs  had 
forgotten,  but  they  had  not.  The  truth  was  that  the  Board  of  Foreign 
Missions  had  not  sustained  him  as  they  should.     These  complaints  of 


!.!"•' W 


jfl'i  Jl 


1847 


PROVISIONAL   GOVERNMENT. 


317 


the  Indians  were  not  made  on  account  of  love  and  respect  for  the 
Doctor,  but  from  mercenary  motives.  The  Indians  have  never  enter- 
tained such  sentiments  for  the  white  man.  Through  interposition  of 
some  of  the  more  friendly  members  of  the  tribe,  the  Doctor  was  allowed 
to  continue  his  journey,  an  account  of  which  is  given  by  Mr.  Lovejoy 
in  a  previous  chapter. 

On  the  return  of  the  Doctor  Sept.  25,  1843,  after  bringing  wagons 
across  the  mountains  ;  he  found  that  the  Indians  had  during  his  ab- 
sence, burned  his  saw-mill,  torn  down  his  fences  and  damaged  his 
buildings  to  a  considerable  extent.  They  received  him  in  a  sullen  mood. 
This  was  the  first  sowing  of  the  seed  which  engendered  bad  feeling, 
and  like  a  malignant  disease  frew  and  gathered  strength  as  it  preyed 
upon  its  doomed  victim.  Another  very  unfortunate  circumstance  oc- 
curred which  greatly  increased  the  Doctor's  perplexities,  and  that  was 
the  visit  of  Dr.  E.  White  as  sub-Indian  agent  to  hold  a  council  with 
the  Cayuses.  He  gave  them  a  code  of  laws,  about  as  binding  and  op- 
pressive to  the  Indians,  as  the  "Blue  laws  of  Connecticut"  were  in 
their  time.  These  after  a  T:reat  deal  of  discussion  and  ill-feeling  in  the 
council  were  adopted.  1  aen  to  cap  the  climax,  he  caused  Ellis,  an 
overbearing  and  arrogant  Indian  to  bt-  elected  chief  with  twelve  sub- 
chiefs,  who  enforced  these  laws  rigorously.  This  visit  of  Dr.  White 
may  be  considered  as  another  link  in  the  chain  of  c  rcumstances  leading 
to  the  unfortunate  finale.  The  insults  and  indignities  heaped  upou 
the  Doctor  would  have  driven  any  other  man  away.  Once  several  In- 
dians entered  his  house  and  proceeded  to  break  up  his  furniture  and 
were  in  the  act  of  breaking  down  the  door  to  Mrs.  Whitman's  private 
room,  when  the  timely  arrival  of  some  white  men  undoubtedly  saved 
their  lives.  At  another  time  an  Indian  three  time-  knocked  the  Doc- 
tor's hat  off  of  his  head  snd  stamped  it  into  thi  mud.  If  the  good 
Doctor  had  promptly  knocked  his  aggressor  down,  it  would  have  caused 
them  to  respect  him  more,  for  Indians  admire  braverj^. 

Shortly  after  the  Doctor's  return,  dissensions  arose  among  the  In- 
dians in  regard  to  religious  matters.  A  large  number  of  them  and 
all  of  the  Hudson's  Bay  people  joined  the  Catholic  church.  The 
showy  ceremonies  of  that  church  were  more  attractive  than  the  plain, 
and  not  very  comprehensible  one  of  the  Protestants.  The  Cath- 
olics did  not  insist  upon  the  Indians  quitting  the  more  natural  roving  life 
and  settling  down  to  agriculture  and  raising  cabbage  ( so  to  speak  )  for 
prizes  at  the  annual  fair.s.  The  Catholics  made  no  pretensions  of 
changing  their  mode  of  life,  nor  desiring  any  land,  not  caring  whether 
they  lived  in  wigwams  or  houses,  but  to  gain  an  influence  over  them 


318 


brown's  political  history. 


1847 


through  their  religion.  There  is  no  doubt  that  if  the  Catholics  had  con- 
fined themselves  to  the  neighboring  tribes  and  not  invaded  Dr.  Whitman's 
mission  or  Cayuse  Indians,  there  would  have  been  less  cause  of  trouble. 
I  do  not  mean  to  be  understood  as  condemning  the  Catholic  religion, 
but  cannot  help  thinking  that  their  zeal  overran  their  judgment,  and 
unintentionally  did  a  great  wrong.  There  is  another  point  that  has 
been  overlooked  in  the  bitterness  of  the  discussion  that  was  carried  on 
for  years,  and  that  was  the  fact,  that  Messrs.  Whitman  and  Spalding  had 
official  permits  to  come  to  Oregon  as  missionaries  from  the  U.  S.  Govern- 
ment, while  the  Catholic  priests  were  not  armed  with  that  authority,  and 
were  all  foreigners,  and  considered  as  an  auxiliary  of  the  Hudson's  Bay 
Company,  being  under  their  protection  and  the  Indians  were  made  to  so 
understand.  There  is  no  doubt  but  that  Dr.  Whitman  considered  the 
Catholic  priests  as  interlopers. 

The  Indians  also  became  uneasy  in  regard  to  their  land,  fearing 
that  the  Americans  would  take  it  away  and  not  pay  them  for  it,  while 
the  Catholics,  or  Hudson's  Bay  Company,  pretended  that  they  did  not 
want  land  This  weapon  was  used  with  great  effect  against  the  Amer- 
icans, as  there  were  rumors  among  the  Indians  that  there  w-.re  a  great 
many  more  coming  for  the  purpose  of  settlement.  This  was  the  con- 
dition of  affairs  until  the  fateful  year  1847.  When  the  large  immi- 
gration arrived  it  was  attended  by  the  measles,  a  disease  not  necessarily 
serious,  but  spreading  among  the  Indians  was  the  cause  of  considerable 
fatality — being  aided  by  their  sweat-house  and  cold  bath  system  of 
treatment,  ^  making  the  disease  as  fatal  as  smallpox.  Dr.  Whitman  un- 
dertook to  cure  them  with  the  same  medicine  that  he  was  giving  to  his 
white  patients,  without  the  care  and  conditions  that  were  necessary  for 
their  recovery.  The  white  patients  recovered  while  the  Indians  died. 
As  was  natural,  aided  by  ignorance,  the  suspicion  soon  arose  that  he 
was  poisoning  them,  which  fallacy  was  used  to  great  effect  by  Joe 
Lewis,  an  educated  half-breed  Cherokee,  who  had  come  that  year  with 
the  immigration  from  Fort  Hall  and   who  was  a  Catholic.     He  told 


I  The  Indian  sweathouse  is  constructed  as  follows:  A  circle  about  eight  feet  in  diameter  is 
marked  on  the  ground  near  the  bank  of  some  deep  hole  in  a  stream  of  water.  Willow  branches 
are  then  set  in  the  circle  and  drawn  together  at  the  top  and  tied,  then  a  covering  of  grass  and  small 
fir  branches  are  woven  in  the  willow  frame,  then  a  coating  of  clay  and  mud  about  four  inches 
thick  is  plastered  over  the  first  covering  and  allowed  to  dry,  but  if  the  weather  is  stormy  the  sweat 
house  is  protected  by  blankets,  etc.  There  is  only  one  small  entrance,  which  is  carefully  closed  up 
with  a  blanket  after  the  patients  have  entered,  disrobing  and  seating  themselves  in  a  circle,  pack- 
ing themselves  closely.  Then  a  fire  is  built  in  a  small  pit  in  the  center  of  the  house.  The  Indians 
now  commence  singing  and  pounding  on  ahuost  anything  that  will  make  a  noise,  and  exercising 
themselves  as  much  as  possible,  which,  aided  by  the  heat  of  the  fire,  soon  causes  them  to  become 
very  warm  and  reeking  with  perspiration,  then  they  crawl  out  of  the  house,  and  with  one  or  two 
bounds  plunge  head  foremost  into  the  ice-cold  stream.  Death  invariably  followe<l  in  a  short  time, 
and  I  was  told  by  one  person  that  he  knew  of  an  Indian  man  who  did  not  reach  the  shore. 


1 847 

had  con- 
litman's 
trouble, 
religion, 
ent,  and 
that  has 
irried  on 
iing  had 
Govern - 
rity,  and 
m's  Bay 
ade  to  so 
ered  the 

fearing 

it,  while 

■  did  not 

le  Amer- 

e  a  great 

the  con- 

^e  imrai- 

icessarily 

;siderable 

ystem  of 

tman  un- 

ing  to  his 

essary  for 

ans  died. 

:  that  he 

:t  by  Joe 

year  with 

He  told 

I  diameter  is 
low  branches 
iss  and  small 
it  four  inches 
tiiy  the  sweat 
illy  closed  up 
I  (jircle,  pack- 

The  Indians 
lid  exercising 
L-m  to  become 
H  one  or  two 

a  short  time, 
liore. 


1847 


PROVISIONAL   GOVERNMENT. 


319 


them  that  the  doctor  was  poisoning  them  for  the  purpose  of  obtaining 
their  land,  and  unless  they  killed  him  and  all  the  Americans,  they 
would  do  as  they  had  done  with  his  own  people — send  a  few  mission- 
aries at  first,  to  be  followed  by  thousands  of  Americans,  who  would 
drive  *hem  from  their  country.  He  said  that  he  had  overheard  a  con- 
versation between  Whitman  and  Spalding,  in  which  the  proposition 
was  made  to  poison  the  entire  tribe  and  gain  possession  of  the  country. 
Now  if  they  would  rise  and  kill  all  in  their  portion  of  the  country, 
they  could  go  to  the  Willamette  valley  and  "clean  out"  the  whole 
settlement,  and  that  they  could  get  all  the  powder  and  ball  that  they 
needed  from  the  Hudson's  Bay  Company.  By  this  species  of  argu- 
ment, assisted  by  the  various  other  circumstances  before  enumerated, 
the  fiend  in  human  shape  was  the  controlling  spirit  in  the  massacre. 

Mr.  Archibald  McKinley,  a  firm  friend  of  the  doctor,  had  warned 
him  to  abandon  the  mission,  but  he  did  not  desire  to  leave  the  field 
open  to  the  Catholics,  who  had,  as  he  considered,  invaded  his  mission 
for  the  purpose  of  driving  him  away.  But  the  surrounding  circum- 
stances, aided  by  the  measles  and  Joe  I^ewis,  were  more  than  the  doc- 
tor and  his  heroic  wife  and  dependents  could  withstand. 

Dr.  McLoughlin  testified  in  the  Indian  trial  of  Dr.  Whitman's  mur- 
derers, at  Oregon  City  in  1849,  "  that  he  had  warned  Dr.  Whitman  in 
1840  and  1 84 1  of  his  danger,  as  the  Indians  did  kill  their  own  medi- 
cine men."  And  early  in  1847,  while  in  Oregon  City,  Dr.  Whitman 
urged  Judge  Thornton  to  go  to  the  States  and  prevail  upon  our  Gov- 
ernment to  provide  some  protection  for  his  mission  ;  and  that  was  a 
great  incentive  for  sending  Judge  Thornton  to  the  States  that  fall. 

On  November  27,  1847  (a  few  days  over  eleven  years  from  the  estab- 
lishment of  the  mission),  the  massacre  occurred.  There  were  .seventy- 
two  persons  all  told  at  the  mission,  of  whom  quite  a  number  were  im- 
migrants, who  were  en  route  to  the  Willamette  valley.  At  about  two 
o'clock  p.  M.,  a  short  time  after  school  had  been  called,  two  Indians 
came  into  the  room  where  the  doctor  was  sitting  and  reading  and 
called  for  some  medicine  ;  the  doctor  took  a  seat  by  one  01  them  and 
was  in  the  act  of  giving  him  the  potion,  when  the  other  Indian  stepped 
up  behind  the  doctor  and,  drawing  a  pipe  tomahawk  from  beneath  his 
blanket,  buried  it  twice  in  the  Doctor's  brain,  killing  him  instantly. 
The  slaughter  now  began,  and  Joe  Lewis,  firing  through  a  window, 
shot  Mrs.  Whitman  through  the  right  breast.  She  lingered  a  few  hours 
before  death  relieved  her,  and  spoke  of  her  father  and  mother  and 
prayed  for  her  adopted  children,  now  twice  left  orphans.     While  this 


320 


brown's   POI.ITICAL   HISTORY. 


1847 


;« 


ISH 


scene  of  carnage  was  being  enacted  at  the  house,  several  men  some  dis- 
tance away,  engaged  in  dressing  a  beef,  were  attacked,  only  one,  Mr. 
Canfield,  making  his  escape.  The  victims  were  Doctor  and  Mrs. 
Whitman,  Messrs.  Rogers,  Saunders,  Marsh,  Kimball,  Gill,  Gitten, 
Young,  John  and  Francis  Sager,  two  sick  men,  Bewley  and  Sales. 
Excepting  Mrs.  Whitman,  none  of  the  wouiv.r  or  children  were  killed. 
Mr.  Osborn  and  family  (who  had  hid  under  the  floor),  Messrs.  Hall 
and  Canfield,  Mrs.  Hayes  and  two  of  the  adopted  children  of  the  doc- 
tor's succeeded  in  concealing  themselves  in  the  confusion  and  finally 
escaped.  Mr.  Hall  was  the  first  to  reach  Fort  Walla  Walla  and  re- 
ported the  massacre,  but  was  refused  protection  by  Wm.  McBean,  who 
was  in  charge  of  the  fort,  but  had  Mr.  Hall  put  across  the  Columbia 
river,  and  he  is  supposed  to  have  been  murdered,  as  he  never  was  seen 
afterwards.  Mr.  Osborn,  who  after  this  lived  for  several  years  in  Linn 
county,  states  that  he  escaped  with  his  wife  and  children,  and  travel- 
ing by  night  and  hiding  by  da}',  succeeded  on  the  third  night  in  reach- 
ing Fort  Walla  Walla  with  one  child,  leaving  the  rest  in  hiding,  but 
was  refused  admittance  or  assistance  of  any  kind,  Mr.  Stanley,  the 
artist,  who  happened  to  be  present,  let  him  have  two  horses  and  em- 
ployed an  Indian  to  go  with  Mr.  Osborn  to  rescue  his  family.  When 
he  again  returned,  he  was  refused  admittance,  and  upon  Mrs.  Osborn 
declaring  that  she  would  die  at  the  gate  (as  she  had  been  sick  for  some 
time  before  the  massacre)  McBean  finally  admitted  them,  and  put  the 
family  in  a  dark,  cold  room  without  any  bed  or  other  furniture,  even 
refusing  to  loan  the  family  a  blanket,  saying  that  he  would  sell  them 
some  out  of  the  store.  Mr.  Osborn  bought  a  pair,  which  was  all  the 
bedding  his  sick  wife  and  children  had  until  Mr.  Ogden  arrived  and 
took  them  away.  This  heartlessness  of  McBean  at  that  time  is 
explicable  only  on  the  theory  of  cowardice  and  hatred  of  the  Ameri- 
cans in  general  and  this  mission  in  particular.  There  has  never  been 
a  doubt  of  any  who  knew  McBean,  but  that  he  was  cognizant  of 
the  great  danger  of  the  mission,  and  that  they  were  liable  to  be  mur- 
dered. Knowing  this,  he  could  have  warned  the  doctor  in  time  and 
in  such  a  manner  that  he  would  have  heeded  it.  This  would  have 
been  the  means  of  saving  many  lives,  as  well  as  much  suffering  to 
those  who  finally  escaped.  He  could  even  have  deterred  the  Indians 
from  the  crime  by  the  influence  he  possessed  through  the  Hudson's 
Bay  Company.  It  is  not  my  desire  to  revive  old  animosities,  in  regard 
to  the  Catholic  influence  in  this  lamentable  affair,  but  that  they  had 
entered  that  particular  field,  one  that  had  been  occupied  by  Dr.  Whit- 
man for  over  eleven  years,  is  a  well-known  fact,  and  that  the  day  after 


"r"'!'! 


1847 

ome  dis- 
one,  Mr. 
nd    Mrs. 
,  Gitten, 
d  Sales. 
re  killed. 
irs.   Hall 
the  doc- 
id  finally 
I  and  re- 
ean,  who 
Columbia 
was  seen 
in  Linn 
d  travel- 
in  reach- 
ding,  but" 
nley,  the 
and  em- 
.     When 
5.  Osborn 
for  some 
i  put  the 
ure,  even 
sell  them 
as  all  the 
rived  and 
t  time   is 
e  Ameri- 
ever  been 
fnizant  of 
o  be  mur- 
time  and 
mid   have 
fFering  to 
e  Indians 
Hudson's 
in  regard 
they  had 
Dr.  Whit- 
:  day  after 


1847 


PROVISIONAL   GOVERNMHNT. 


321 


the  massacre,  in  adminivStering  the  church  rites,  even  before  visiting 
the  scene  of  carnage  and  viewing  the  dead,  they  evinced,  to  speak 
mildly,  a  want  of  Christian  philanthropy.  This  church,  continuing 
to  press  their  object,  succeeded  in  getting  religious  control  of  this 
same  tribe,  when  they  were  placed  on  the  Umatilla  reservation  by  the 
general  Government. 

November  30th,  McBean  wrote  a  letter  to  Chief  Factor  James  Doug- 
las, at  Fort  Vancouver,  and  evidently  instructed  the  messenger  not  to 
communicate  the  fact  to  Mr,  Hinman,  who  was  living  at  The  Dalles. 
At  least,  Mr.  Hinman  was  not  told,  and  the  messenger  said  he  acted 
as  instructed  ;  thus  several  more  lives  were  endangered.  This  letter  of 
McBean  is  published  further  on. 

As  soon  as  the  news  reached  Fort  Vancouver,  Peter  S.  Ogden,  second 
in  commaad,  left  for  Fort  Walla  Walla,  December  7th,  with  a  large  party 
to  rescue  the  captives.  Reaching  that  place  on  the  19th,  and  calling  the 
chiefs  together  on  the  23d,  he  held  a  council,  which  lasted  all  day- 
Mr,  Ogden' s  address  assured  them  that  his  company  did  not  intend  to 
assist  them  in  the  least,  but  their  best  move  would  be  to  give  him  all 
their  captives  and  he  would  pay  them  well.  By  taking  a  firm  and  de- 
cided stand  he  succeeded  in  enforcing  compliance  with  his  demands. 
The  following  is  a  list  of  the  captives  ransomed :  Missionary  children 
adopted  by  Dr.  Whitman,  viz.:  Mary  T,  Bridger,  Catherine  Sagar, 
aged  13  years,  Elizabeth  Sagar,  10,  Matilda  J,  Sagar,  8,  Henrietta 
N.  Sagar,  4,  Hannali  h.  Sagar,  Helen  M.  Meek'  (the  two  last  named 
died  soon  after  the  massacre).  From  Du  Page  county,  Illinois  :  Joseph 
Smith,  Mrs.  Hannah  Smith,  Mary  Smith,  15  years,  Edwin  Smith,  13, 
Charles  Smith,  11,  Nelson  Smith,  6,  Mortimer  Smith,  4.  From  Ful- 
ton county,  Illinois:  Mrs.  Eliza  Hall,  Jane  Hall,  10  years;  May  Hall, 
8,  Ann  E.  Hall,  6,  Rebecca  Hall.  3,  Rachel  Hall,  i.  From  Osage 
county.  Mississippi:  Elam.  Young,  Mrs.  Iiene  Young,  Daniel  Young, 
21,  John  Young,  19.  IVom  La  Porte  county,  Indiana:  Mrs.  Hirriet 
Kimball,  Susan  Kimball,  16,  Nathan  Kimball,  13,  Byron  M.  Kimball, 
8,  Sarah  S.  Kimball,  6,  Mince  A.  Kimball,  i.  From  Iowa:  Mrs. 
Mary  Sanders,  Helen  M.  Sanders,  14,  Phoebe  L.  Sanders,  10,  Aifred 
W,  Sanders,  6,  Nancy  I.  Sanders,  4;  Mary  A.  Sanders,  2;  Mrs.  Sally 
A.  Canfield,  Ellen  Canfield,  16,  Oscar  Canfield,  9,  Clarissa  Canfield, 
7,  Sylvia  A.  Canfield,  5,  Albert  Canfield,  3.  From  Illinois:  Mrs. 
Rebecca  Hays,  Henry  C.  Hays,  4,  also,  Eliza  Spalding  (daughter  of 
Rev,  H,  H.  Spalding),  Nancy  E,  Marsh,  Lorinda  Bewley, 

I  Helen  M.  Meek  was  a  child  of  Jo  1,.  Meek. 


\\     \ 


322 


brown's  political  history. 


1847 


f:  ^Mi 


The  ransom  was  sixty-two  blankets,  three  point ;  sixty-three  cotton 
shirts,  twelve  company  guns,  six  hundred  rounds  of  ammunition, 
thirty-seven  pounds  of  tobacco,  twelve  flints.  The  Indians  surrendered 
seven  oxen,  large  and  small,  and  sixteen  bags  coarse  flour  that  be- 
longed to  the  mission.  The  next  day  Rev.  Mr.  Spalding  was  escorted 
to  the  fort  by  two  Nez  Perce  chiefs  and  a  body  guard,  and  joined  the 
Ogden  party,  which  started  for  Oregon  City  on  January  i,  1848,  which 
they  reached  in  safety  on  the  19th,  amid  great  rejoicing  of  the  people. 

Mr.  Spalding  at  the  time  of  the  massacre,  was  at  the  Umatilla,  about  forty 
miles  distant  and  did  not  learn  of  it  until  he  was  within  about  three  miles  of  the 
mission  station,  when  he  met  a  Catholic  priest,  who  informed  him  of  the  disaster, 
whereupon  he  turned  and  fled  by  a  circuitous  route  towards  his  own  station.  He 
was  pursued  by  an  Indian  who  intended  to  kill  him  ;  but  by  traveling  by  night 
and  hiding  in  the  day  time,  he  managed  to  escape,  though  at  one  time  the  Indian 
was  within  a  few  yards  of  him.  The  second  night  his  horse  left  him  and  he  was 
obliged  to  travel  on  foot.  His  boots  so  hurt  his  feet  that  he  was  obliged  to  cast 
them  off,  and  he  had  no  food  except  such  as  he  could  find  on  the  way.  Thus  he 
traveled  nearly  120  miles,  and  it  was  not  till  the  seventh  night  he  reached  home, 
in  great  physical  suffering,  much  to  the  relief  of  his  wife,  who  thought  he  had 
been  killed.  He  found  his  premises  had  been  plundered  by  hostile  Nez  Perces, 
but  his  wife  was  protected  by  friendly  chiefs  of  the  same  tribe. — History  of  In- 
dian Missions,  p.  501. 

When  the  Hou.se  met  at  2  p.  m.,  on  the  second  day,  Gov.  Aber- 
nethy  sent  the  following  special  message. 

Oregon   City,  Dec.  8,  1S47. 

GknTlrmen  :  It  is  my  painful  duty  to  lay  the  enclosed  communication  l;e- 
fore  your  honorable  body.  It  will  give  you  the  particulars  of  the  horrible  mas- 
sacre committed  by  the  Cayuse  Indians  on  the  residents  of  Waiilatpu.  This  is  one 
of  the  most  distressing  circumstances  that  has  occurred  in  our  Territory,  and  one 
that  calls  for  immediate  and  prompt  action.  I  am  aware  that  to  meet  this  case 
funds  will  be  required,  and  suggest  the  propriety  of  applying  to  the  Hudson's  Bay 
Company  and  the  merchants  of  this  plac:  for  a  loan  to  carry  out  whatever  plan 
you  may  fix  upon.  I  have  no  doubt  but  the  expense  attending  this  affair  will  be 
promptly  met  by  the  United  States  Government. 

Ihe  wives  and  children  of  the  murdered  persons,  the   Rev.  Mr.  Spalding  and 
family,  and  all  others  who  may  be  in  the  upper  country,  should  at  once  be  prof- 
•fered  assistance,  and  an  escort  to  convey  them  to  places  of  safety. 

I  have  the  honor  to  remain  gentlemen,  your  obedient  servant. 

GEORGE   ABERNETHY. 


?!?'y. 


Fort  Vancouver,  Dec.  7,  1847. 
George  Abernethy,  Esq., 

Dear  Sir. — Having  received  intelligence  last  night  by  special  express  from 
"Walla  Walla,  of  the  destruction  of  the  missionary  settlement  at  Waiilatpu,  by  the 
Cayuse  Indians  of  that  place,  we  hasten  to  communicate  the  particulars  of  that 
dreadful  event,  one  of  the  most  attrocious  which  darkens  the  annals  of  Indian 
crime. 


I 


1847 

:e  cotton 
unition, 
endered 
that  be- 
escorted 
ined  the 
8,  which 
i  people. 

)out  forty 
les  of  the 
e  disaster, 
tion.  He 
by  night 
he  Indian 
id  he  was 
;d  to  cast 
Thus  he 
led  home, 
lit  he  had 
ez  Perces, 
ory  of  In- 

)v.  Aber- 


8,  1847. 
ication  ^)e- 
rrible  mas- 
This  is  one 
■y,  and  one 
et  this  case 
dsou's  Bay 
atever  plan 
fair  will  be 

lalding  and 
;e  be  prof- 

v'ant. 
NETHY. 

7,   1847. 

press  from 
itpu,  by  the 
ars  of  that 
s  of  Indian 


1847 


PROVISIONAL,   GOVERNMENT. 


323 


Our  lamented  friend,  Dr.  Whitman,  his  amiable  and  accomplish;  d  lady,  with 
nine  other  persons,  have  fallen  victims  to  the  fury  of  those  remorseless  savages, 
who  appear  to  have  been  instigated  to  this  appalling  crime  by  a  horrible  suspicion 
which  had  taken  possession  of  their  superstitious  minds,  in  consequence  of  the 
number  of  deaths  from  dysentery  and  measles,  that  Dr.  Whitman  was  silently 
working  the  destruction  of  their  tribe  by  administering  poisonous  drugs,  under  the 
semblance  of  salutary  medicines.  With  a  goodness  of  heart  and  benevolence  truly 
his  own,  Dr.  Whitman  has  been  laboring  incessantly  since  the  appearance  of  the 
measles  and  dysentery  among  his  Indian  converts  to  relieve  their  sufferings  :  and 
such  has  been  the  reward  of  his  generous  labors. 

A  copy  of  Mr.  McBean's  letter  herewith  transmitted,  will  give  you  all  the  par- 
ticulars known  to  us  of  this  indescribably  painful  event.  Mr.  Ogden,  with  a  strong 
party,  will  leave  this  place  as  soon  as  possible  for  Walla  Walla,  to  endeavor  to 
prevent  further  evil ;  and  we  beg  to  suggest  to  you  the  propriety  of  taking  instant 
measures  for  the  protection  of  the  Rev.  Mr.  Spalding,  who,  for  the  sake  of  his 
family,  ought  to  abandon  the  Clearwater  mission  without  delay,  and  retire  to  a 
place  of  safety,  as  he  cannot  remain  at  that  isolated  station  without  imminent  risk, 
in  the  present  excited  and  irritable  state  of  the  Indian  population. 

I  have  the  honor  to  be,  sir,  your  most  obedient  servant. 

JAMES   DOUGLAS. 

"Fort  Nez  Perces,  Nov.  30,  1847. 
To  the  Board  of  Managers  : 

Gentlemen. — It  is  my  painful  duty  to  make  you  acquainted  with  a  horrible 
massacre  which  took  place  yesterday  at  Waiilatpu,  about  which  I  was  first  apprised 
early  this  morning  by  an  American  by  the  lame  of  Hall,  who  had  escaped,  and 
who  reached  this  place  half  naked  and  covered  with  blood,  as  he  started  at  the  out- 
set ;  the  information  I  received  was  not  satisfactory.  He,  however,  assured  me 
that  the  Doctor  and  another  man  were  killed,  but  could  not  tell  us  the  persons 
who  did  it,  and  how  it  originated.  I  immediately  determined  on  sending  my  in- 
terpreter and  one  man  to  Dr.  Whitman's  to  find  out  the  truth,  and  if  possible,  to 
rescue  Mr.  Manson's  two  sons  and  any  of  the  survivors.  It  so  happened  that  be- 
fore the  interpreter  had  proceeded  half-way,  the  two  boys  were  met  on  their  way 
hither,  escorted  by  Nicholas  Finlej-,  it  having  been  previously  settled  among  the 
Indians  that  these  boys  should  not  be  killed;  as  alsD  the  .\merican  women  and 
children.     Tilokaikt  is  the  chief  who  recommended  this  measure. 

I  presume  that  you  are  well  acquainted  that  fever  and  dysentery  have  been 
raging  here  in  the  vicinity,  in  consequence  of  which  a  great  number  of  Indians 
have  been  swept  away,  but  more  especially  at  the  Doctor's  place,  where  he  had  at- 
tended upon  the  Indians.  About  thirty  souls  of  the  Cayuse  tribe  died,  one  after 
another,  who  evidently  believed  the  Doctor  poisoned  them,  and  in  which  opinion 
they  .vere,  unfortunately  confirmed  by  one  of  the  Doctor's  party.  As  far  as  I  have 
been  able  to  learn,  this  has  been  the  sole  cause  of  the  dreadful  butchery.  In  or-^e*- 
to  satisfy  any  doubt  on  that  point;  it  is  reported  that  they  requested  the  Doctor  to 
administer  medicine  to  three  of  their  friends,  two  of  whom  were  really  sick,  but 
the  third  feigned  sickness,  and  that  the  three  were  corpses  the  next  morning. 
After  they  were  buried,  and  while  the  Doctor's  men  were  employed  slaughtering 
an  ox,  the  Indians  came  one  by  one  to  his  house,  w'  h  their  arms  concealed  under 
their  blankets,  and,  being  all  assembled,  commenced  firing  on  those  slaughtering  the 
animal,  and  in  a  moment  the  Doctor's  house  was  surrounded;  the  Doctor,  and  a 
young  lad  brought  up  by  himself,  were  shot  in  the  house.     His  lady,  Mr.  Rogers, 


324 


brown's  political  history. 


1847 


\t,  1! 


and  the  children  had  taken  refuge  in  the  garret,  but  were  dragged  down  and  dis- 
patched (  excepting  the  children  )  outside,  where  their  bodies  were  left  exposed 

"  It  is  reported  that  it  was  not  the  intention  to  kill  Mr.  Rogers,  in  consequence 
of  an  avovvel  to  the  following  effect,  which  he  is  said  to  have  made,  and  which 
nothing  but  a  desire  to  save  his  life  could  have  prompted  him  to  do.  He  said  '  I 
was  one  evening  lying  down,  and  overheard  the  Doctor  telling  Rev.  Mr.  .Spalding 
that  it  was  best  that  you  should  all  be  poisoned  at  once,  but  that  the  latter  told 
him  it  was  best  to  continue  slowly  and  cautiously,  and  between  this  and  spring  not 
a  soul  would  remain,  when  they  would  take  possession  of  your  lauds,  cattle  and 
horses.'  These  are  only  Indian  reports,  and  no  person  can  believe  the  Doctor  ca- 
pable of  such  action  without  being  as  ignorant  and  brutish  as  the  Indians  them- 
selves. One  of  the  nmrderers,  not  having  been  made  acquainted  with  the  above 
understanding,  shot  Mr.  Rogers." 

"  It  is  well  understood,  that  eleven  lives  were  lost  and  three  wounded.  It  is 
also  rumored  that  they  are  to  make  an  attack  upon  the  fort ;  let  them  come  if  they 
will  not  listen  to  reason  ;  though  I  have  but  five  men  at  the  establishment,  I  am 
prepared  to  give  a  warm  reception  ;  the  gates  are  closed  day  and  night,  and  bas- 
tions in  readiness. 

In  company  with  Mr.  Manson's  two  sons  was  sent  a  young  half-breed  lad 
brought  up  bv  Dr.  Whitman  ;  they  are  all  here  and  have  got  over  their  fright. 

The  ringleaders  in  this  horrible  butchery  are  Tilokaikt,  his  son,  Big  Belly, 
Tamsaky,  Istacus,  Towmoulisk,  etc.  I  understand  from  the  interpreter  that  they 
were  making  one  common  grave  for  the  dead.  The  houses  were  stripped  of  every- 
thing in  the  shape  of  property,  but  when  they  came  to  divide  the  spoils  they  all 
fell  out  among  themselves,  and  all  agreed  to  put  back  the  property.  I  am  happy 
to  state  the  Walla  Walla  chief  had  no  hand  in  the  whole  business.  They  were  all 
the  doctor's  own  people — the  Cayuses.  One  American  shot  another  and  took  the 
Indians'  part  to  save  his  own  life. 

Allow  me  to  draw  a  veil  over  this  dreadful  affair,  which  is  too  painful  to  dwell 
upon,  and  which  I  have  explained  conformably  to  information  received  and  with 
sympathizing  feelings. 

I  remain  with  much  respect,  your  most  obedient  servant, 

WIIvLIAM  McBEAN, 

N.  B. — I  have  just  learned  that  the  Cayuses  are  to  be  here  to-morrow  to  kill 
Serpen  Juane,  the  Walla  Walla  chief.  W.  McB. 

Names  of  those  wfho  are  killed  :  Dr.  Whitman,  Mrs.  Whitman,  Mr.  Rogers, 
Hoffman,  Sanders,  Osborn,  Marsh,  John  and  Francis  Sager,  Canfield  and  a  sailor, 
besides  three  that  were  wounded  more  or  less — Messrs.  Kimball  and  another  whose 
name  I  cannot  learn.  W.  McBEAN. 


l!i  i 


Fort  Vancouver,  December  4,'  1847. 
Mr.  George  Abernethy — 

Drar  Sir  :  A  Frenchman  from  Walla  Walla  arrived  at  my  place  on  Saturday, 
and  informed  me  that  he  was  on  his  way  to  Vancouver,  and  wished  me  to  assist  in 
procuring  him  a  canoe  immediately.  I  was  very  inquisitive  to  know  if  there  was 
any  difficulty  above.  He  said  four  Frenchmen  had  died  recently,  and  he  wished 
to  get  others  to  occupy  their  places.     I  immediately  got  him  a  canoe  and  con- 


I  Evidently  a  mistake  in  date..    It  should  be  the  7th  at  lea.st. 


wm 


184: 


PROVISIONAL   GOVERNMENT. 


325 


eluded  to  no  [a  company  with  him,  in  order  to  get  some  medicine  for  the  Indians, 
as  they  were  dying  off  with  measles  and  other  diseases  very  fast.  I  was  charged 
with  indifference.  They  said  we  were  killing  in  not  giving  them  medicine, 
and  I  found  if  we  were  not  exposing  our  lives,  we  were  our  peace,  and  conse- 
quently I  set  out  for  this  place.  This  side  of  the  Cascades  I  was  made  acquainted 
with  the  horrible  massacre  that  took  place  at  Waiilatpu  last  Monday.  Horrible  to 
relate!  Dr.  and  Mrs.  Whitman,  Mr.  Rogers,  Mr.  Osborn,  Mr.  Sanders,  a  school 
teacher,  t""0  orphan  boys  (John  and  Francis  Sager),  together  with  all  the  men  at 
that  place — eleven  in  all.  Some  are  living  at  the  sawmill,  which  is  situated  about 
twenty  miles  from  the  doctor's.  A  party  set  out  for  that  place  to  dispatch  them  ; 
also,  a  party  for  Mr.  vSpalding's  to  dispatch  them  ;  and  thej  are  not  satisfied  yet, 
but  a  party  is  said  to  have  started  for  my  place,  and  has,  if  true,  reached  there  be- 
fore this  time.  Oh  !  liad  I  known  it  when  I  was  at  home.  I  can  neither  sleep  nor 
take  any  rest  on  account  of  my  family  and  those  with  them,  viz.:  my  wife  and 
child,  the  doctor's  nephew.  Dr.  Saffron,  and  Mr.  McKinney  and  wife.  If  I  had 
ten  men  I  could  defend  myself  with  perfect  ease,  by  occupying  the  meetinghouse, 
which  is  very  roomy  and  close.  You  see  my  situation,  as  well  as  Mr.  Spalding's. 
I  have  perfect  confidence  in  your  doing  all  you  can  to  get  a  party  to  come  up  and 
spend  the  winter  there,  and  likewise  to  go  to  the  women  and  children  and  Mr. 
Spalding  if  alive,  which  I  think  is  very  doubtful.  Delay  not  a  moment  in  sending 
a  few  men  for  my  protection;  a  few  moments  may  save  our  lives.  I  expect  to 
leave  to-morrow  for  home,  and  perhaps  the  first  salutation  will  be  a  ball.  My  family 
is  there  and  I  must  return  if  it  costs  me  my  life.  We  are  in  the  hands  of  a  merci- 
ful God,  why  should  we  be  alarmed  ?  I  will  close  by  saying  again,  send  a  small 
force  immediately  without  the  delay  of  one  day.     Farewell.     Yours  truly, 

AI.ANSON  HINMAN. 

It  seems  a  little  strange  that  Mr.  McBean  should  put  so  much  stress 
upon  an  Indian  report  that  Mr.  Rogers  had  told  the  Indians  that  Dr. 
Whitman  had  laid  a  plot  to  poison  them.  If  so,  why  did  he  not  give 
explicit  orders  that  the  settlement  at  The  Dalles  should  be  warned  ? 
Mr.  McBean  never  did  explain  those  two  incidents  satisfactorily. 

The  reading  of  the  Governor's  message  and  the  two  letters  above 
produced  intense  excitement,  and  Mr.  Meek  moved  that  the  communi- 
cations be  referred  to  a  committee  of  the  whole  house,  which  motion 
was  lost.     Mr.  Nesmith  offered  the  following,  which  was  adopted  : 

Resolved  That  the  (Governor  is  hereby  required  to  raise  arms  and  equip  a 
company  of  riflemen,  not  to  exceed  fifty  men,  with  their  captain  and  subaltern 
officers,  and  dispatch  them  forthwith  to  occupy  the  mission  station  at  The  Dalles, 
on  the  Columbia  river,  and  to  liold  possession  of  the  same  until  reinforcements 
can  arrive  at  that  point,  or  other  means  be  taken  as  the  Government  may  think 
advisable. 

On  the  morning  of  December  7th  P.  S.  Ogden  left  Fort  Vancouver, 
wath  a  ^  arty  of  sixteen  men  who  proceeded  with  all  dispatch,  and  ar- 
rived at  Fort  Walla  Walla  on  the  19th  of  December,  and  immediately 
sent  out  summons  to  the  Cayuse  chiefs  to  meet  him.  After  waiting 
fotir  days  a  council  was  held  which   lasted  all   day,  and  they   finally 


U 


I  1 


ii 


326 


BROWN  S    POLITICAL   HISTORY. 


1847 


agreed  to  surrender  the  captives  upon  paying  a  certain  amount  within 
a  week.     Mr.  Ogden  made  the  following  remarkvS  as  reported  : 

I  regret  to  observe  that  all  the  chiefs  whom  I  asked  for  are  not  present.  Two 
being  absei'l,  I  expect  the  words  1  atn  about  to  address  to  you  to  be  repeated  to 
them  and  your  young  men  on  your  return  to  your  camps.  It  is  now  thirty  years 
si-.cc  we  have  been  among  you.  During  all  this  long  period  we  have  never  had 
any  instance  of  blood  being  spilt  until  that  inhuman  massacre  which  has  so 
recently  taken  place.  We  are  traders,  and  a  different  nation  from  the  .\mericaiii. 
But  recollect  we  supply  you  with  amunitiou  not  to  kill  the  .Xmericans.  They  are 
the  same  color  as  oursclvc  speak  the  same  language,  one  children  of  the  same 
God,  and  humanity  makes  our  hearts  bleed  when  we  behold  you  using  them  so 
cruelly.  Besides  the  revolting  butchery,  have  not  the  Indians  pillaged,  ill-treated 
the  Americans,  and  insulted  their  women  while  peaceably  making  their  way  to 
the  Willamette  ?  As  chiefs,  ought  you  to  have  connived  at  such  conduct  on  the 
part  of  your  young  men?  You  tell  me  the  young  men  committed  the  deeds  with- 
out your  knowledge.  Why  do  we  make  you  chiefs  if  you  have  no  control  over 
your  young  men?  You  are  a  set  of  hermaphrodites,  and  unworthy  the  appell.itiou 
of  men  as  chiefs.  You  young,  hot-headed  men.  I  know  that  you  pride  yours  ■''C? 
upon  your  bravery,  and  think  no  one  can  match  you.  Do  not  deceive  yourselves. 
If  you  get  the  Americans  to  commence  once,  you  will  repent  it,  and  war  will  not 
end  until  every  one  of  you  is  cut  off  froi  the  face  of  the  earth.  I  am  aware  that 
a  good  many  of  your  friends  and  relatives  have  died  through  sickness.  The  In- 
dians of  other  places  have  shared  the  same  fate.  It  is  not  Dr.  Whitman  who 
poisoned  them,  but  God  has  commanded  that  they  should  die.  We  are  weak  mortals 
.d  must  submit;  and  I  trust  you  will  avail  yourselves  of  the  opportunity.  By  so 
doing  it  may  be  advantageous  to  you  ;  but  at  the  same  time  remember  that  you 
alone  will  be  responsible  for  the  consequences.  It  is  merely  advice  that  I  give 
you.  Wc  have  nothing  to  do  with  it.  I  have  not  come  here  to  make  promises  or 
hold  out  assistance.  We  have  nothing  to  do  with  your  quarrels,  we  remain  neutral. 
On  my  return,  if  you  wish,  1  shall  do  all  I  can  for  you,  but  I  do  not  promise  to  pre- 
vent war.  If  you  deliver  me  up  all  the  prisoners,  I  shall  pay  you  for  them  on  their 
being  delivered,  but  let  it  not  be  said  among  you  afterwards  that  I  deceived  you. 
I  and  Mr.  Douglas  represent  tl.e  company ;  but  I  tell  you  once  more  that  we 
promise  you  nothing.  We  sympathize  with  these  poor  people,  and  wish  to  return 
them  to  their  friends  and  relatives  by  paying  you  for  thein.  My  request  in  behalf 
of  the  families  concerns  you,  so  decide  for  the  best. 

Tau-itau  made  a  speech,  stating  "the  young  men  were  strong-headed  and 
foolish.  Though  we  made  war  on  other  tribes,  yet  we  always  looked  and  ever 
will  look  upon  the  whites  as  our  friends."  He  was  willin^'^  to  give  up  the  families. 
Several  other  chiefs  spoke  and  consented  to  surrender  the  captives.  Mr.  Ogden 
then  sent  a  letter  to  Rev.  H.  H.  Spalding  by  two  Nez  Perccs  chiefs,  and  on  the 
evening  of  December  30th  he  arrived  at  the  fort.  On  New  Year's  day  Mr.  Ogden 
and  the  rescued  party  started  for  the  Willamette,  wliere  they  arrived  in  due  time 
amid  great  rejoicing  of  their  friends  and  die  people. 

The  Governor  called  a  public  meeting  that  night  and  a  company  of 
forty-two  men  was  organized,  H.  A.  G.  Lee,  being  elected  Captain  ; 
Jos.  Magone,  First  Lieutenant  ;  John  E.  Ross,  Second  Lieutenant ;  and 
the  next  day  at  noon,  Dec.  9,  1-S47,  the  brave  little  company  started  for 


^•Pil 


1847 


1847 


PROVISIONAL,   GOVKRNMKNT. 


327 


the  seat  of  war,  hearitic  a  flaj^  presented  to  thetn  bj-  the  Indies  of  Ore- 
gon City.  All  this  was  accomplished  within  thirteen  days  from  the 
date  of  the  massacre. 

A  bill  was  introduced  and  passed  authorizing  the  Governor  to  raise 
a  regiment  of  mounted  riflemen.  A  communication  was  also  received 
from  Hon.  Jesse  Applegate  urging  the  necessity  of  sending  a  messenger 
to  the  United  States.  This  was  referred  to  a  special  committee  con- 
sisting of  Messrs.  Nesmith,  Wair  and  Meek,  and  the  following  was  in- 
troduced by  them  and  adopted  ; 

Resolved,  That  in  view  of  our  critical  situation  with  the  powerful  tribes  of  In- 
dians inhabiting  the  banks  of  the  Columbia,  and  with  whom  wc  are  actually  in  a 
state  of  hostilities,  it  is  the  duty  of  this  Legislature  to  dispatch  a  special  messenger^ 
as  soon  as  practicable,  to  Washington  City,  for  the  purpose  of  securing  the  imme- 
diate influence  and  protection  of  the  I'nited  States  Government  in  our  internal, 
affairs. 

Dec.  XI,  To  permanently  organize  the  army,  the  Legislature  elected 
the  following  officers  :  Colonel,  Cornelius  Gilliam  ;  Lieutenant  Col- 
onel, James  Waters  ;  Major,  H.  A.  G.  Lee ;  Commissary  General,  Joel 
Palmer. 

According  to  recommendation  of  the  Governor,  a  Loan  Commission 
consisting  of  Jesse  Applegate,  A.  L.  Lovejoy  and  Geo.  L.  Curry,  were 
appointed  and  proceeded  to  Fort  Vancouver  to  obtain  assistance  from 
the  Hudson's  Bay  Company,  and  the  following  letter  was  addressed  to. 
Mr.  Douglas,  Chief  Factor  : 

(A.) 

Fort  Vancouvrr,  Dec.  11,  1847. 
To  James  Douglas,  Esq.,  Chief  Factor  0/  Hudson's  Bay  Company: 

Sir  By  the  enclosed  document  you  will  perceive  that  the  undersigned  have 
been  charged  by  the  Legislature  of  our  Provisional  Government  with  the  difficult 
duty  of  obtaining  the  means  nece&sary  to  arm,  ecjuip,  and  support  in  the  field,  a 
force  sufficient  to  obtain  full  satisfaction  of  the  Cayuse  Indians  for  the  late  massacre 
at  Waiilatpu,  and  to  protect  the  white  population  of  our  common  country  from  fur- 
ther aggression.  In  pursuance  of  this  object,  tliey  have  deemed  it  their  duty  to 
make  immediate  application  to  the  Hon.  Hudson's  Bay  Company  for  the  requisite 
assistance.  Thougli  clothed  with  the  jiowcrto  pledge,  to  the  fullest  extent,  the  faith 
and  means  of  the  present  government  of  Oregon,  they  do  not  consider  this  pledge 
the  only  security  of  those  whom,  in  this  distressing  emergency,  may  extend  to  the 
people  of  this  country  the  means  of  protection  and  redress.  Without  clairaint:  any 
special  authority  from  the  Government  of  the  I'nited  vStates  to  contract  a  debt  to 
be  liquidated  by  that  power,  j-et,  from  all  precedents  of  like  character  in  the  his- 
tory of  our  country,  the  undersigned  feel  confident  that  the  Tinted  .States  Govern- 
ment will  consider  the  murder  of  the  late  Dr,  Whitman  and  his  lady  as  a  national 
wrong,  and  vvill  fully  justify  the  people  of  Oregon  in  taking  active  measures  to 
obtain  redress  for  that  outrage,  and  for  their  protectio  .  from  future  aggression. 


mv.  I 


.k;. 


32S 


brown's  political  history. 


1847 


The  right  of  self  defense  is  tacitly  accorded  to  every  body  politic  in  the  confed- 
eracy to  which  wc  claim  to  belong,  and  in  every  case  similar  to  our  own,  within 
our  knowledge,  the  General  Government  has  promptly  assumed  the  payment  of 
all  liabilities  growing  out  of  th-e  measures  taken  by  the  constituted  authorities  to 
protect  the  lives  and  property  of  those  residing  within  the  limits  of  their  districts. 
If  the  citizens  of  the  States  and  Territories,  east  of  the  Rocky  mountains,  are  justi- 
fied in  promptly  acting  in  such  emergencies,  who  are  under  the  immediate  protec- 
tion of  the  General  Government,  there  appears  no  room  to  doubt  that  the  lawful 
acts  of  the  Oregon  Government  will  receive  a  like  approval. 

Should  the  temporary  character  of  our  Government  be  considered  by  you 
sufScient  ground  to  doubt  its  ability  to  redeem  its  pledges  and  reasons  growing  out 
of  its  peculiar  organization  be  deemed  sufficient  to  prevent  the  recognition  of  its 
acts  by  the  government  of  the  United  States,  we  feel  it  our  duty,  as  private  individ- 
uals, to  enquire  to  what  extent,  and  on  what  terms,  advances  may  be  had  of  the 
Hon.  Hudson's  Bay  Company,  to  meet  the  wants  of  the  force  the  authorities  of 
Oregon  deem  it  their  duty  to  send  into  the  field. 

With  sentiments  of  the  highest  respect,  allow  us  to  subscribe  ourselves. 

Your  most  obedient  servants, 

JESSE  APPLEGATE, 
A.  L.  LOVEJOY, 
GEO.  L.  CURRY. 

Commissioners. 

To  this  Mr.  Douglas  sent  the  following  reply  : 

Fort  Vancouver,  Dec.  11,  1847. 
To  Jesse  Applegate,  A.  L.  Lovejoy,  Geo.  L.  Curry,  Esquires : 

Genti.emex.  I  have  had  the  honor  of  your  communication  of  this  date,  and 
have  given  an  attentive  perusal  to  the  documents  accompanying  it.  With  a  deep 
feeling  of  the  importance  of  the  object  which  has  procured  me  the  honor  of  your 
present  visit,  and  the  necessity  of  the  measures  contemplated  for  the  punishment 
of  the  Cayuse  Indians  and  for  the  future  protection  of  the  country,  I  can  on  the 
present  occasion  only  repeat  the  assurances  verbally  given  in  our  conversation  of 
yesterday,  that  I  have  no  authority  to  grant  loans  or  make  any  advances  on  ac- 
count of  the  Hudson's  Bay  Company,  my  orders  yiw  that  point  being  so  positive 
that  I  cannot  deviate  from  them  without  ?»ssuming  a  degree  of  responsibility  which 
no  circumstances  could  justify  to  my  own  mind.  It  is,  however,  in  accordance 
with  the  spirit  and  letter  of  my  instructions  from  the  Hudson's  Bay  Company,  to 
exert  their  whole  power  and  influence  in  the  maintaining  the  peace  of  the  country, 
and  ill  protecting  the  white  population  from  Indian  outrage.  The  force  equipped 
and  dispatched,  at  their  sole  expense  to  Walla  Walla,  under  the  command  of  Mr. 
Ogden,  immediately  on  receiving  the  intelligence  of  the  disastrour,  event  at  Waii- 
latpu,  is  an  earnest  of  oik  attention  to  the  calls  of  humanity.  The  object  of  that 
expedition  is,  with  the  blessing  of  God,  to  prevent  further  aggression,  to  rescue  the 
v.omen  and  children  who  survived  the  massacre  from  the  hands  of  the  Indians, 
and  to  restore  then  to  their  afflicted  friends.  Trusting  that  these  objects  may  be 
successfully  accompi.  ihed,  I  have  the  honor,  ^:c. 

JAMES  DOUGLAS, 

C.   F.   H.  B.   Co. 


1   appvTid  '^  statement  from  a  letter  1)efose  me  now  of  Hon.  Jesse 
Applegatc  which  was  written  to  Hon.  vS.  K.  Chadwick,  and  handed  to 


'm 


1847 


1847 


PROVLSIONAL   GOVERNMENT. 


329 


the  writer  that  explains  the  whole  matter  and  removes  any  false  im- 
pression in  regard  to  Mr.  Douglas.     The  letter  is  dated    Nov.  8,  1877  : 

"  Your  letter  of  5tli  inst..,  enclosing;  '  Scraps  of  Oregon  History,'  by  J.  Henry 
Brown,  has  received  my  attention.  The  correspondence  he  published  lacking 
the  reply  of  Sir  James  Douglas,  is  calculated  to  make  a  wrong  impression  in  regard 
to  the  private  sympathies  of  thf.t  gentleman,  as  well  as  his  conduct  as  an  officer  of 
the  Hudson's  Bay  Company.  By  a  standing  order  of  his  superior,  the  Board  of 
Management  in  London,  he  was,  as  were  all  other  traders  of  the  company,  forbid- 
den to  make  advances  upon  or  deal  in  any  kind  of  goods  not  securities,  and  had 
the  commissioners  been  accredited  to  him  by  the  U.  S.  Government  itself,  he  could 
not  have  acted  otherwise  than  he  did.  Mr.  Douglas  was  a  humane  man  and  earnest 
Christian,  and  held  the  murdered  missionary  in  high  esteem.  He  was  ready  and 
willing  to  do  anything  consistent  with  his  duties  as  an  officer  and  a  subject  to 
bring  the  murderers  of  Dr.  Whitman  to  justice,  and  protect  the  scattered  infant 
settlement  from  the  horrors  of  an  Indian  ';var. 

It  was  known  that  a  party  of  immigrants  had  been  forced  to  stop  at  Dr.  Whit- 
man's station  for  the  winter,  and  as  soon  as  the  news  of  the  massacre  reached  Van. 
couver,  without  waiting  to  consult  the  Oregon  Governor  or  any  American,  INIr. 
Ogden,  second  in  command  at  Vancouver,  left  at  once  at  the  head  of  a  powerful 
company  for  the  scene  of  slaughter,  to  stop  the  further  effusion  of  blood  and  rescue 
the  helpless  women  and  children  from  savage  cruelty  and  barbarity.  For  reasons 
given  above,  Mr.  Douglas  could  not  make  advances  directly  to  the  Oregon  Govern- 
ment, but  upon  the  notes  of  good  men,  he  agreed  to  furnish  us  with  any  articles  his 
stock  afforded,  to  the  full  extent  of  our  wants  in  carrying  on  the  war.  Mr.  Doug- 
las further  agreed  that  these  notes  should  be  held  as  security  only,  so  long  as  there 
were  any  hope  that  the  V.  S.  Government  would  assume  the  payment  of  the  Cay- 
use  war  debt,  and  tipou  such  assumption,  they  were  to  be  returned  to  the  makers. 

I  admit  as  this  correspondence  shows,  we  made  a  bungle  of  carrying  out  the 
high  functions  of  an  independent  sovereignty.  But  Indian  war,  forced  upon  us, 
we  made  a  success  by  making  the  enemy's  country  its  theater,  thereby  protecting 
our  settlement  from  savajs^es,  and  we  made  no  peace  until  our  demand  tor  the  pun- 
ishment of  the  leaders  in  the  massacre  was  complied  with.  We  had  no  mutinies, 
sections  or  strikes  in  our  little  army,  though  both  officers  and  men  served  without 
pay  and  frequently  without  food,  /ea>i  horse  meat  being  a  luxury. 

I  will  close  this  already  too  lengthy  letter  by  a  brief  account  of  the  expedi- 
tion of  our  British  cousins  for  the  relief  of  the  immigrants  held  prisoners  by  the 
Indians  after  the  massacre  of  Dr.  Whitman,  which  I  have  already  mentioned.  It 
was  an  expedition  of  priceless  value  to  those  in  whose  Ijehalf  it  was  undertaken  ; 
a  service  their  countrymen  could  not  do  for  them.  It  was  prosecuted  night  and 
day,  over  land  and  water,  through  snow  aud  rain,  of  an  inclement  December,  un- 
til all  the  survivors,  numbering  about  sixty,  mostly  women  and  children,  were 
ransomed  and  gathered  up,  the  naked  clothed  and  made  comfortable,  and  tenderly 
and  carefully  conveyed  to  their  friends  in  the  Willamette.  .-Ml  this  was  not 
effected  at  that  day  without  much  toil,  cost  and  danger.  The  women,  particu- 
larly the  young,  were  most  unwillingly  surrendered  by  the  dusky  warriors  to 
whose  arms  they  had  been  consigned,  and  a  large  ransom  paid  for  them  would  not 
have  been  accepted  had  it  not  Ijeen  supplemented  by  the  fear  of  the  terrible  anger 
of  the  Hudson's  Bay  Company,  with  which  Mr.  Ogden  threatened  them  in  case 
refusal.     For  this  great  service  no  pay  was  asked  of  Government  or  people, 


■. 


I 


i 


i 


!  ?!  ''-  ' 


330 


brown's  political  history. 


1847 


nor  would  it  have  been  received  if  offered,  and  the  act  stands  to-day,  as  on  the 
day  of  its  performance,  one  of  pure  mercy  and  philanthropy,  that  money  could 
neither  hire  nor  reward. 

I  will  admit  that  after  reading  Gray's  history  and  Spalding's  nar- 
rative that  I  had  great  prejudice  against  the  Hudson's  Bay  Company 
and  Sir  James  Douglas,  aided  by  the  foundation  laid  by  living  under 
the  influence  of  the  Methodist  Mission  in  my  youth,  but  upon  exam- 
ining the  facts  with  a  desire  to  do  justice  to  all,  the  conclusion  is,  that 
Sir  James  did  do  all  that  a  Christian  and  humane  man  could  do,  and 
that  his  actions  were  prompted  by  a  sincere  desire  to  relieve  those  who 
were  in  need  of  aid.  That  justice  has  never  been  done  to  Douglas 
cannot  but  be  admitted,  and  the  testimony  of  Hon.  Jesse  Applegate 
(the  Sage  of  Yoncalla)  carries  great  weight  with  all  who  knew  that 
gentleman.  ^ 

The  following  is  a  copy  of  the  note  given  to  Mr.  Douglas  for  sup- 
plies at  the  time  that  the  foregoing  letter  was  addressed  to  him,  with 
the  signature  of  Governor  Abernethy  in  place  of  G.  L.  Curry,  who  at 
that  time  was  not  financially  able  to  sign  the  note,  and  as  Governor 
Abernethy  was  present : 

Fort  Vancoiver,  December  11,  1847. 
We,  the  undersigned,  hereby  bind  ourselves,  jointly  and  severally,  our  heirs, 
administrators  and  assigns,  to  pay  the  sum  of  nine  hmulred  and  ninety-nine  dollars 
and  forty-one  cents  to  James  Douglas,  Esq.,  or  order,  on  or  before  the  first  day  of 
November,  one  thousand  eight  hundred  and  forty -eight  (1848),  if  not  before  paid, 
for  supplies  furnished  to  the  Provisional  Government  of  Oregon,  under  this,  our 
bond  of  security.  Signed :        GKORGK  .XBERNKTHY, 

k.  L.  LOVKJOY, 
JESSE  .\PPLEGATE. 

This  note  was  paid  by  Daniel  Waldo  at  maturity,  but  it  was  not 
tlie  only  note  given,  as  the  following;  extract  irom  a  previous  letter 
from  Mr.  Applegate  will  show  : 

*  *  •■^  The  note  copied  by  Mr.  Hrown,  in  his  "  .Scraps  of  History," 
was  not,  as  he  seems  to  suppose,  the  only  one,  and  was  paid  at  maturity  wit!' 
money  borrowed  from  Uncle  Dan  Waldo.  On  the  contrary,  two  others  were  given 
during  the  progress  of  the  war — one  of  them  was  signed  by  Daniel  Waldo  and 
Jesse  Applegate  for  |i,ouo;  the  other  by  Neil  Gilliam  and  Joel   Palmer   for  |,StM), 


1847 


PROVISIONAI,   GOVERNMENT 


331 


making  $2, 800  in  all.  Some  years  after  the  United  States  Government  assumed 
the  payment  of  the  Cayuse  war  debt,  these  notes  were  returned  to  their  makers, 
they  never  having  been  called  upon  to  pay  either  principal  or  interest. 

The  commissioners  returned  to  Oregon  City  and  issued  the  follow- 
ing letter  addressed  to  the  merchants  and  citizens  of  Oregon  : 


(C) 

Oregon  City,  December  13,  1847. 
To  the  Merchants  and  Citizetis  of  Oregon — 

Gentlemen  :  You  are  aware  that  the  undersigned  have  been  charged  by 
the  Legislature  of  our  Provisional  Government  with  the  difficult  duty  of  obtain- 
ing the  means  necessary  to  arm,  equip  and  support  in  the  field,  a  force  sufficient 
to  obtain  full  satisfaction  of  the  Cayuse  Indians  for  the  late  massacre  at  Waiilatpu, 
and  protect  the  white  population  of  our  common  country  from  further  aggression. 
In  furtherance  of  this  object  they  have  deemed  it  their  duty  to  make  immediate 
application  to  the  merchants  and  citizens  of  the  country  for  the  requisite  assist- 
ance. Though  clothed  with  the  power  to  pledge  to  the  fullest  extent  the  faith  and 
means  of  the  present  Government  of  Oregon ,  they  do  not  consider  this  pledge 
the  only  security  to  those  who,  in  this  distressing  emergency,  may  extend  to  the 
people  of  this  country  the  means  of  protection  and  redress. 

Without  claiming  any  special  authority  from  the  Government  of  the  United 
States  to  contract  a  debt  to  be  liquidated  by  that  power,  yet,  from  all  precedents 
of  like  character  in  the  history  of  our  country,  the  undersigned  feel  confident 
that  the  United  States  Government  will  regard  the  murder  of  the  late  Dr.  Whit- 
man and  his  lady  as  a  national  wrong,  and  will  fully  justify  the  people  of  Oregon 
in  taking  active  measures  to  obtain  redress  for  that  outrage,  and  for  their  protec- 
tion against  further  aggression.  The  right  of  self-defense  is  tacitly  accorded  to 
every  body  politic  in  the  confederacy  to  which  we  claim  to  belong,  and  in  every 
case  similar  to  our  own,  within  our  knowledge,  the  General  Government  has 
promptly  assumed  the  payment  of  all  liabilities  growing  out  of  the  measures 
taken  by  the  constituted  authorities,  to  protect  the  lives  and  property  of  those 
who  reside  within  the  limits  of  their  district.  If  the  citizens  of  the  States  and 
Territories  east  of  the  Rocky  mountains,  are  justified  in  promptly  acting  in  such 
emergencies  who  are  under  the  immediate  protection  of  the  General  Govern- 
ment, then  therr  .ippears  no  room  for  doubt  that  the  lawful  acts  of  the  Oregon 
Government  will  receive  a  like  approval. 

Though  the  Indians  of  the  Columbia  have  committed  a  great  outrage  upon 
our  fellow-citizens  passing  through  their  country,  and  residing  among  them,  and 
their  punishment  for  these  murders  may,  and  ought  to  be,  a  prime  object  with 
every  citizen  of  Oregon,  yet,  as  that  duty  mere  particularly  devolves  upon  the 
Government  of  the  United  States,  and  admits  of  delay,  we  do  not  make  this  the 
strongest  ground  upon  which  to  found  our  earnest  appeal  to  you  for  pecuniary  as- 
sistance. It  is  a  fact  well-known  to  every  person  acquainted  with  the  Indian  char- 
acter, that  by  passing  silently  over  their  repeated  thefts,  robberies  and  murders  of 
our  fellow-citizens,  they  have  been  emboldened  to  the  commission  of  the  appalling 
massacre  at  Waiilatpu.  They  call  ns  women,  destitute  of  the  hearts  and  courage 
of  men,  and  if  we  allow  the  wholesale  murder  to  pass  by  as  former  aggressions, 
who  can  tell  how  long  either  life  or  property  will  be  secure  in  any  part  of  this 
country,  or  what  moment  the  Willamette  will  be  the  scene  of  blood  and  carnage. 

The  officers  of  the  Provisional  Govenmient  have  nobly  performed  their  duty. 


I 


332 


brown's  political  history. 


1847 


None  can  doubt  the  readiness  of  the  patriotic  sons  of  the  West  to  offer  their  per- 
sonal services  in  defense  of  a  cause  so  righteous,  so  it  now  rests  with  you,  gentle- 
men, to  say  whether  our  rights  and  our  firesides  shall  be  defended  or  not.  Hop- 
ing that  none  will  be  found  to  falter  in  so  high  and  so  sacred  a  duty,  we  beg  leave, 
gentlemen,  to  subscribe  ourselves,  your  servants  and  fellow-citizens, 

JESSE  APPLEGATE, 
A.  L.  LOVEJOY, 
GEO.  L.  CURRY. 

Commissioners. 

On  the  14th  of  December  the  loan  commissioners  made  the  follow- 
ing report : 

To  the  Honorable,  the  Legislative  Assembly  of  Oregon  Territory — 

The  undersigned,  commissioners  appointed  by  your  honorable  body  for  the 
purpose  of  negotiating  a  loan  to  carry  into  effect  the  provisions  of  an  act  to  author- 
ize the  Governor  to  raise  a  regiment  of  volunteers,  &c.,  have  the  honor  to  inform 
you  that,  fully  realizing  the  heavy  responsibilities  attached  to  this  situation,  and 
the  peculiarly  difficult  nature  of  their  duties,  they  at  once  determined  to  act  with 
promptness  and  energy,  and  to  leave  no  fair  and  honorable  effort  untried,  that 
might  have  a  tendency  to  a  successful  termination  of  this  undertaking.  They  ac- 
cordingly proceeded  to  Fort  Vancouver  on  the  loth  instant,  and  there  addressed 
a  communication  to  Jame3  Douglas,  chief  factor  of  the  Hudson's  Bay  Company, 
a  copy  of  which  (marked  A)  will  be  found  among  the  accompanying  documents. 
The  commissioners  had  anticipated  the  unfavorable  reply  of  Mr.  Douglas,  as 
agent  of  the  Hudson's  Bay  Company,  and  its  only  effect  was  to  heighten  their 
zeal,  and  to  occasion  them  stronger  hopes  of  a  more  satisfactory  reliance  upon 
the  citizens  generally  of  our  common  country.  However,  two  of  the  commissioners 
with  the  Governor,  became  responsible  for  the  amount  of  the  outfit  for  the  first 
regiment  of  Oregon  riflemen,  being  $999,41,  Not  at  all  disheartened  by  the  un- 
successful issue  of  their  mission,  the  commissioners  returned  to  this  city  on  the 
13th  instant,  and  at  once  entered  into  negotiations,  the  revelatior  of  which  here- 
with follows. 

It  will  be  seen,  by  document  marked  C,  the  commissioners,  througli  a  pul)lic 
meeting  held  at  Oregon  City  on  the  night  of  the  13th  instant,  addressed  the  mer- 
chants and  citizens  of  Oregon,  at  which  meeting,  from  citizens  generally,  a  loan 
of  about  |i,ooo  was  effected. 

Document  marked  (I))  will  show  the  correspondence  on  the  part  of  the  com- 
missioners with  the  Rev.  Mr.  Roberts,  superintendent  of  the  Oregon  mission. 
[This  letter  is  so  like  the  address  to  the  merchants  and  citizens  that  it  is  omitted.  J 
The  negotiations  are  not  yet  concluded  entirely,  yet  the  commissioners  feel  safC' 
in  reporting  a  loan  from  tnis  source  of  $1,1)00 

The  commissioners  are  happy  to  state  that  they  have  succeeded  in  negotiating 
a  loan  of  $r,6(x>  from  the  mercha'nts  of  Oregon  City,  with,  perhaps,  a  likelihood  of 
further  advance.  The  commissioners  feel  well  assured,  from  the  interest  niiuii- 
fested  by  our  fellow  citizens  in  the  matter,  an<l  prompt  action  they  have  proposed 
to  take  in  several  counties  in  the  Territory  to  assist  the  comniissioners  in  tlif 
successful  discharge  of  their  duties,  that  the  Government  will  ultimately  succeed 
in  negotiating  an  amount  adequate  to  the  present  emergency  of  affairs.  The  com- 
missioners would  beg  j'our  iKjnorable  body,  with  as  little  delay  as  possible,  to  ap- 
point appraisers,  whose  duty  it  shall  be  to  set  a  cash  value  upon  produce  and  other 
property,  which  may  be  converted  into  means  to  assist  the  Government  in  its 


nrnra 


1847 


PROVISIONAL,    GOVERNMENT. 


333 


present  operations.  Therefore,  gentlemen,  as  we  believe  we  can  no  longer  be  use- 
ful to  our  fellow-citizens  as  a  board,  we  hope  to  be  permitted  to  resign  our  trust 
into  the  hands  of  the  proper  accounting  officers  of  this  Government. 

JESSE  APPLEGATE, 
A.  L    LOVEJOY, 
GEO.  L.  CURRY. 

Mr.  Nesmith  introduced  a  resolution  thanking  the  commissioners 
for  the  prompt  and  efficient  manner  in  which  they  had  discharged  their 
duties,  and  moving  that  they  be  discharged  from  further  services.  The 
bill  to  send  a  special  messenger  to  Washington  was  passed  in  a  few 
days,  and  J.  L.  Meek  resigned  his  seat  in  the  Legislature  to  prepare  to 
make  the  hazardous  trip,  as  that  intrepid  mountaineer  was  the  most 
available  man  in  the  country  for  such  an  undertaking ;  $1,000  was  ap- 
propriated to  defray  his  expenses.  A  committee  of  five  was  appointed 
to  draft  a  memorial  to  Congress  to  be  sent  by  Mr.  Meek,  which  appears 
further  on.     Mr.  Hill  introduced  the  following: 

Resolved,  That  the  commodore  of  the  United  States  squadron  in  the  Pacific 
ocean  be  solicited  to  send  a  vessel  of  war  into  the  Columbia  river  for  our  relief, 
and  to  send  such  other  assistance  as  may  be  in  his  power. 

Mr.  Crawford  offered  the  following,  which  was  adopted  : 

Resolved,  That  a  delegation  of  three  persons  be  appointed  by  this  House  to 
proceed  immediately  to  Walla  Walla,  and  hold  a  council  with  the  chiefs  and  prin- 
cipal men  of  the  various  tribes  on  the  Columbia,  to  prevent,  if  possil)le,  the  coali- 
tion with  the  Cayuse  tribes  in  the  present  difficulty. 

The  following,  received  by  Governor  Abernethy,  relieved  the 
anxiety  felt  for  those  living  at  Wascopam,  now  known  as  The  Dalles  : 

Fort  Vancouver,  December  15.  1847. 
George  Abernethy,  Esq.,  Governor  Provisional  Government  of  Oregon — 

Sir  :  I  have  much  pleasure  in  communicating  for  your  information  and  that 
of  the  public  generally,  that  an  Indian  arrived  here  last  night  from  The  Dalles, 
who  reports  that  the  mission  at  Wascopam  had  not  been  visited  by  any  of  the 
Cayuse  tribe,  and  that  the  inmates  were  all  alive  and  well,  Monday  morning,  the 
13th  instant,  when  he  started  from  that  place  on  his  way  down.  Mr.  Ogden  and 
party  arrived  at  Wascopam  on  Saturday  preceding  (nth  inst.).  Mr.  Hinman  and 
company  spent  the  better  part  of  a  day  there,  and  continued  onward  towards 
Walla  Walla.  Six  men  of  the  Cayuse  tribe  had  appeared  at  the  "Chutes  '"  and 
put  an  unfortunate  "medicine  man  "  to  death,  on  a  suspicion  of  mal-practicc.  Our 
informant  brings  no  intelligence  from  any  point  beyond  the  "  Chutes."  The  safety 
of  Wascopam  induces  a  ho[)e  that  the  Cayuses  have  relented  and  not  carried  their 
threats  against  the  Rev.  Mr.  .Spalding  into  execution,  which  I  fervently  hope  may 
be  the  case.     Your  most  obedient  servant,  JAMES  DOUGLAS. 

On  Deceml)er  20th  the  Legislature  elected  three  war  commissioners, 
according  to  a  bill  passed  for  that  purpose — A.  L.  Lovejoy,  Hugh 

!  Now  called  Des  Chutes 


?m 


I      :< 


Ik 


liio 


334 


brown's  political  history. 


1847 


Burns  and  Wm.  H.  Willson,  who  at  once  entered  upon  their  duties, 
but  the  scarcity  of  money  at  that  day,  and  the  doubt  as  to  whether  the 
United  States  Government  would  assume  the  indebtedness,  of  course 
worked  against  the  commissioners.  In  due  order  a  copy  will  be  given 
of  a  bond  issued  by  them,  also  a  commissary  general's  order  with  the 
report  of  the  commissioners,  which  will  explain  the  condition  of  affairs. 
The  coinmittee  appointed  to  draft  a  memorial  to  Congress  to  be  sent 
by  J    ly.  Meek,  reported  the  following: 

To  the  Honorable,  the  Senate  and  House  of  Representatives  of  the  United  States 

in  Congress  Assembled — 

Your  memorialists,  the  Legislative  Assembly  of  Oregon  Territory,  would  re- 
s:iectfully  beg  leave  once  more  to  lay  before  your  honorable  body  a  brief  statemeut 
of  their  situation  and  wants. 

Having  called  upon  the  Government  of  the  United  States  so  often  in  vain,  we 
have  almost  despaired  of  receiving  its  protection,  yet  we  trust  that  our  present  sit- 
uation, when  fully  laid  before  you,  will  at  once  satisfy  your  honorable  body  of  the 
great  necessity  of  extending  the  strong  arm  of  guardianship  and  protection  over 
this  remote,  but  beautiful  portion  of  the  United  States'  domain.  Our  relations 
with  the  proud  and  powerful  tribes  of  Indians  residing  cast  of  the  Cascade  mount- 
ains, hitherto  imiformly  amicable  and  pacific,  have  recently  assumed  quite  a  differ- 
ent character.  They  have  shouted  the  war-whoop  and  crimsoned  their  tomahawks 
in  the  blood  of  our  citizens.  The  Cayuse  Indians,  after  committing  numerous 
outrages  and  robberies  upon  the  late  immigrants,  have,  without  the  semblance  of 
provocation  or  excuse,  murdered  eleven  American  citizens.  Among  the  murdered 
were  Dr.  Marcus  Whitman  and  his  amiable  wife,  members  of  the  American  Board 
of  Foreign  missions. 

Callec'  upon  to  resent  this  outrage,  we  feel  sensibly  our  weakness  and  inability 
to  enter  ijito  a  war  with  powerful  tribes  of  Indians.  Such  outrages  cannot,  how- 
ever, be  suffered  to  pass  unpunished.  It  wil!  be  the  commencement  of  future  and 
more  extensive  murders,  and  our  hitherto  peaceful  settlement  will  become  the 
scene  of  fierce  and  violent  warfare.  We  do  not  doubt  the  readiness  of  the  people 
of  this  country  to  defend  their  lives  and  property,  and  to  submit  to  all  the  priva- 
tions incident  to  a  state  of  war  in  a  new  and  remote  settlement  like  this.  Circum- 
stances warrant  your  memorialists  in  believing  that  many  of  the  powerful  tribes 
inhabiting  the  upper  valley  of  the  Columbia,  have  formed  an  alliance  for  the  pur- 
pose of  carrying  on  hostilities  against  our  settlements.  The  numbcrof  the  white  pop- 
ulation in  Orej^on  is  alarmingly  insignificant  compared  with  the  swarms  of  In- 
dians which  throng  its  valleys. 

To  repel  the  attacks  of  so  formidable  a  foe,  and  protect  our  families  and  prop- 
erty from  violence  and  rapine,  \:'"11  require  more  stt'ength  than  we  [)ossess.  We  are 
deficient  in  many  of  the  grand  essentials  of  war, — such  as  men,  arms  and  treasure  ; 
for  them,  our  sole  reliance  is  on  the  Government  of  the  United  States  ;  we  have  the 
right  to  expect  your  aid,  and  you  are  in  justice  hound  to  extend  it.  For  althougli 
we  are  separated  from  our  native  laud  by  ranges  of  mountains  whose  lofty  altitudes 
are  mantled  in  eternal  snows ;  although  three  thousand  miles,  nearly  two-thirds  of 
which  is  a  howling  wild,  lie  between  us  and  the  Federal  capitol,  yet  our  hearts  are 
unalienated  from  the  land  of  our  birth.  Our  love  for  the  free  and  noble  institu- 
tions, under  which  it  was  our  fortune  to  be  born  and  nurtured,  remains  unabated. 


1847 

:  duties, 
ether  the 
)f  course 
be  given 
with  the 
3f  affairs. 

;o  be  sent 

ited  States 

would  re- 
r  statemeut 

in  vain,  we 
present  sit- 
)ody  of  the 
action  over 
ir  relations 
ade  mount- 
lite  a  diflfer- 
toniahawks 
r  numerous 
;mblance  of 
e  murdered 
rican  Board 

nd  inability 
annot,  how- 
future  and 
become  the 
the  people 
1  the  priva- 
js.    Circum- 
erful  tribes 
for  the  pur- 
e  white  pop- 
arms  of  In- 

;s  and  prop- 
ss.  We  are 
ul  treasure  ; 
we  have  the 
or  although 
fty  altitudes 
wo-thirds  of 
ir  hearts  are 
oble  institu- 
s  unabated. 


1847 


PROVISIONAL   GOVERNMENT. 


335 


In  short,  we  are  Americans  still — residing  in  a  country  over  which  the  Govern- 
ment of  the  United  States  have  sole  and  acknowledged  right  of  sovereignty — and 
under  such  circumstances  we  have  the  right  to  claim  the  benefit  of  its  laws  and 
protection. 

Your  memorialists  would  avail  themselves  of  this  opportunity  to  invite  your 
attention  to  other  subjects  of  deep  and  vital  interest  to  the  citizens  of  this  Territory. 
The  very  nature  of  our  compact  formed  between  the  citizens  of  a  republic  and  the 
subjects  and  official  representatives  of  a  monarchy,  is  such  that  the  ties  of  a  polit- 
ical union  could  not  be  drawn  so  closely  as  to  produce  that  stability  and  strength 
sufficient  to  form  an  efficient  government.  This  union  between  the  democrats  of 
a  republic  and  wealthy  aristocratic  subjects  of  a  monarchy  could  not  be  formed 
without  reserving  to  themselves  the  right  of  allegiance  to  their  respective  Govern- 
ments. Political  jealousy  and  strong  party  feeling  have  tended  to  thwart  and 
render  impotent  the  acts  of  government,  from  its  very  nature  weak  and  insufficient. 

In  establishing  a  regular  form  of  Government,  creating  tribunals  for  the  ad- 
justment of  the  rights  of  individuals,  and  the  prevention  and  punishment  of  crime, 
a  debt  has  accumulated,  which,  though  an  insignificant  amount,  yet  your  memo- 
rialists can  devise  no  means  of  liquidating.  The  revenue  laws,  from  not  being 
properly  executed,  while  they  are  burdensome  to  classes  of  our  citizens  and  sec- 
tions of  country,  are  wholly  disregarded  by  others,  and  whole  counties,  which  for 
numerical  strength  are  equal  to  any  in  the  Territory,  and  fully  participating  in  all 
the  advantages  of  our  compact,  have  never  contributed  any  assistance  in  bearing 
the  common  burdens.  To  coerce  obedience  to  our  temporary  government  would 
at  once  destroy  the  great  object  which  called  it  into  existeuce — the  peace  and 
harmony  of  our  country.  Anxiously  looking  forward  to  that  happy  period  when 
we  should  again  be  under  the  protection  of  our  revered  and  parent  republic,  we 
have  rather  endeaved  to  maintain  peace  by  forbearance,  hoping  that  the  dangers  and 
difficulties  to  be  apprehended  from  domestic  discord  and  from  the  savages  around  us 
would  be  postponed  until  we  became  an  acknowledged  people,  and  under  the  pro- 
tection of  our  mother  country. 

The  action  of  your  honorable  body  in  regard  to  the  land  in  Oregon  would  seem 
to  justify  the  expectation  that  liberal  grants  would  be  made  to  our  citizens  ;  yet  the 
uncertainty  of  our  title,  and  the  uneasiness  which  is  felt  upon  this  subject,  urge  us 
to  press  this  subject  upon  your  attention.  Our  citizens,  before  leaving  their  homes 
in  the  United  vStates  for  Oregon,  have  had  the  strongest  inducements  held  out  by 
Congress  to  settle  iu  this  country,  and  their  just  expectations  will  not  be  met  short 
of  liberal  donations  of  land. 

On  the  subject  of  filling  the  offices  that  will  be  created  in  the  event  of  the  ex- 
tension of  the  jurisdiction  of  the  United  States  over  this  Territory,  your  memorial- 
ists would  respectfully  represent,  that,  as  the  pioneers  of  American  population  in 
this  country  the  present  citizens  of  this  country  have  strong  claims  upon  the  pat- 
ronage of  the  Cieneral  Government,  aud  that  it  would  be  gratifying  to  have  them 
filled  by  our  fellow-citizens  ;  but  as  few  of  them  of  an  equally  deserving  number 
can  enjoy  this  mark  of  the  approbation  of  our  parent  republic,  and  in  view  of  our 
peculiar  and  difficult  situation,  it  is  the  opinion  of  your  memorialists  that  it  will  be 
better  for  the  future  prosperity  of  our  country,  and  the  great  mass  of  the  people 
will  concur  with  them  in  requesting  that  important  and  responsible  offices  created 
here,  such  as  the  office  of  Governor  aud  the  several  judgeships,  should  be  filled 
with  nucn  of  the  best  talent  and  most  approved  integrity  without  regard  totheir 
present  location. 

If  it  be  at  all  the  intention  of  our  honored  parent  to  spread  her  guardian  wing 


336 


brown's  political  history. 


1847 


over  her  sons  and  daughters  in  Oregon,  she  surely  will  not  refuse  to  do  it  now, 
when  they  are  struggling  with  all  the  ills  of  a  weak  and  temporary  government, 
and  when  perils  are  daily  thickening  around  them  and  preparing  to  burst  upon 
their  heads.  When  the  ensuing  summer's  sun  shall  have  dispelled  the  snow  from 
the  mountains,  we  shall  look  with  glowing  hopes  and  restless  anxiety  for  the  com- 
ing of  your  laws  and  your  arms. 

The  accompanying  documents'  will  afford  additional  information  concerning 
some  of  the  subjects  of  which  we  have  spoken. 

To  insure  the  speedy  conveyance  of  these  papers  to  the  Federal  Government, 
your  memorialists  have  elected  J.  L.  Meek,  Esq.,  a  special  messenger  to  bear  the 
same,  and  respectfully  ask  your  honorable  body  to  make  him  such  compensation 
therefor  that  you  may  deem  just.     And  your  memorialists  will  ever  pray,  etc."  ^^ 

Mr.  Nesmith  offered  the  following  which  was  adopted  : 

Resolved,  That  a  committee  of  three  be  appointed  to  draft  a  letter  to  the 
American  Consul  at  Sandwich  Islands,  representing  our  affairs,  and  imploring  any 
assistance  which  he  may  be  able  to  render. 

Mr.  Hill  introdticed  the  following  which  was  adopted  : 

Resolved,  That  the  commander-in-chief  of  the  United  States  naval  and  land 
forces  in  California,  is  respectfully  requested  to  furnish  us  all  the  assistance  in  liis 
power,  not  inconsistent  with  his  instructions,  or  his  duty  to  his  country. 

On  Dec.  25th,  the  Hotise  went  into  secret  session,  for  the  purpose 
of  conferring  with  the  Governor,  Colonel,  Lietit-Colonel,  and  Commis- 
sar}' General,  in  relation  to  the  Indian  difficulties.  When  it  was  con- 
cluded, Mr.  Nesmith  offered  the  following  which  was  adopted  : 

Resolved,  That  the  Executive,  as  commander-in-chief,  has  full  power  to  adopt 
all  measui'es  necessary  for  the  prosecution  of  the  existing  war;  and  that  it  is  the 
opinion  of  this  House,  that  it  is  expedient  for  the  Executive  to  issue  orders  for  500 
men,  and  trust  to  the  patriotism  of  the  citizens  of  Oregon,  for  their  support  in  the 
field. 

After  the  above  conference  and  the  adoption  of  the  resolution  offered 
by  Mr.  Nesmith.  the  Governor  issued  the  following: 

PROCLAMATION. 

BY  GEORGE  ABERNETHV,  GOVERNOR  OF  OREGON  TERRITORY. 

In  consequence  of  the  low  state  of  the  finances  of  this  country,  and  the  gen- 
eral impression  being  that  the  Indians  in  the  upper  country  were  not  united,  a 
small  force  was  thought  sufficient  to  proceed  to  Walla  Walla  lo  punish  the  Cayuse 
Indians,  and  a  proclamation  was  issued  by  me  asking  for  one  hundred  men  ;  since 
which,  information  has  been  received  here,  which  leads  to  the  belief  that  the  In- 
dians have  united,  and  the  force  ordered  out  in  that  case  being  insufficient,  I  there- 
fore call  on  the  citizens  of  this  Territory  to  furnish  five  hundred  men,  and  appoint 
the  following  persons  brevet  captains  to  enroll  such  citizens  as  may  wish  to  en- 
list, viz.: 

Wesley  Shannon,  John  Ford,  Thomas  McKay,  Champoeg  county  John 
Owens,  Wm,  Williams,  John  Stewart,   Polk  county  ;  Philip  Thompson,   George 

I  The  others  were  the  message  by  the  Governor  ;  an  account  of  Indian  outrages  ;  massacre  at 
Waiilatpu  ;  and  list  of  killed. 


^T^ 


1847 


1847 


PROVISIONAL   GOVKRNMENT. 


337 


o  it  now, 
ernment, 
Lirst  upon 
now  from 
the  com- 

mcerning 

.•ernment, 
0  bear  the 
pensation 
etc." 

ter  to  the 
loring  any 


1  and  land 
ince  in  his 


s  purpose 
Com  mis- 
was  con- 

l: 

er  to  adopt 
lat  it  is  the 
Icrs  for  500 
port  in  the 

on  offered 


id  the  gen- 
}t  united,  a 
the  Cayuse 
men  ;  since 
that  the  In- 
ent,  I  there- 
and  appoint 
wish  to  en- 

unty      John 
5on,   George 

s  ;  massacre  at 


Nelson,  Felix  Scott,  Yamhill  county  ;  Isaac  W.  Smith,  Benjamin  Q.  Tucker,  Tual- 
atin iounty  ;  James  Officer,  Clackamas  county.  The  enlistments  to  be  for  six 
months,  unless  sooner  discharged  by  proclamation. 

Ivach  man  will  furnish  his  own  horse,  arms,  clothing  and  blankets.  The  com- 
panies will  bring  all  the  ammunition,  percussion  caps  and  camp  equipage  they 
can,  for  which  they  will  receive  a  receipt  from  the  commissary  general. 

Colonel  Cornelius  Gilliam  will  remain  at  Oregon  City  until  the  first  companies 
arrive  at  Portland,  when  he  will  take  command  and  proceed  forthwith  to  Walla 
Walla.  Lieutenant-Colonel  James  Waters  will  remain  until  the  rear  companies  ar- 
rive at  or  near  Portland,  wheu  he  will  take  command  and  proceed  to  Walla  Walla. 

Companies  will  rendezvous  at  Portland,  or  opposite  Portland,  on  or  before  the 
Sth  day  of  January,  1848.  Whenever  a  sufficient  number  of  volunteers  arrive  on 
the  ground  at  Portland,  they  will  organize  and  proceed  to  elect  their  otTicerb,  viz.; 
one  captain,  one  first  lieutenant,  one  second  lieutenant,  one  orderly  sergeant  and 
four  duty  sergeants. 

Companies  will  consist  of  eighty-five  men,  rank  and  file.  If  any  company 
should  be  formed  in  the  counties  smaller  or  larger,  they  will  be  regulated  after 
they  arrive  on  the  ground. 

As  the  commissary  general  will  not  be  able  to  furnish  a  sufficient  quantity  of 
provisions  for  the  army,  the  citizens  of  the  Territory  are  called  on  to  deliver  to  his 
agents  all  the  provisions  they  can,  that  the  operations  of  the  troops  may  not  be 
impeded  for  want  of  provisions.  Agents  will  be  appointed  by  him  at  Salem, 
Yamhill  ferry,  Champoeg,  Butte,  and  Portland. 

In  witness  vhereof,  I  have  signed  my  name  and  affixed  the  seal  of  the  Terri- 
tory at  Oregon  City,  this  25th  day  of  December,  1847. 

[l.  s.]  GEORGE  ABERNETHY. 

On  December  27th,  A.  L.  Lovejoy  was  elected  adjutant-general, 
and  Joel  Palmer  superintendent  of  Indian  aifairs.  This  was  all  the 
action  taken  in  regard  to  the  war  during  that  session,  which  was  ad- 
journed, December  28,  1847. 

Captain  Lee  and  his  company  from  Oregon  City,  arrived  at  Fort 
Vancouver,  December  loth,  and  after  receiving  their  otitfit,  procured 
by  the  commissioners,  started  to  The  Dalles,  where  they  arrived  on  the 
2 1  St.     The  appended  letter  was  written  from  that  place  : 

Wascopam,  December  26,  1847. 
To  Governor  Abernethy — 

Sir  :  I  reached  this  place  on  the  evening  of  the  21st  instant  with  ten  men, 
including  Mr.  Hinman,  whom  I  met  on  his  way  to  Willamette  at  Wind  River 
mountain,  thirty  miles  below.  The  boats  being  wind-bound,  and  hearing  from  Mr. 
Hinman  that  a  party  of  the  Cayuses  and  river  Indians  had  been  down  and  driven 
off  some  horses  from  the  mission,  and  that  he  had  lefl  with  his  family  soon  after, 
thinking  it  unsafe  to  remain  longer,  I  was  induced  to  lead  the  few  men  that  were 
with  me  (for  we  had  been  separated  by  the  wind  and  could  not  get  together),  and 
press  to  this  place  by  land  with  all  dispatch,  to  save  the  houses  from  destruction, 
and  I  am  happy  to  inform  you  that  we  arrived  just  in  time,  and  that  all  is  now  safe. 
The  natives  immediately  about  this  place  are  friendly,  and  hailed  our  arrival  with 
much  joy.     Seletza  professes  friendship,  but  I  shall  keep  an  eye  on  him  ;  his  men 


I  I 


ii' 


■I    .1. ■  a  S 


ii 


1 

) 

m 


i^ii 


338 


brown's  political  history. 


1847 


have  been  killing  cattle,  and  I  suspect  with  his  consent,  though  he  promises  to 
make  them  pay  for  them.  We  have  been  collecting  the  cattle  and  placing  theui 
below,  in  order  to  stop  the  slaughtering  that  has  been  carried  on  above.  Wc  havi- 
not  yet  learned  the  amount  of  mischief  done  at  this  place,  but  are  getting  things 
under  way  quite  as  well  as  I  could  have  anticipated.  Mr.  Hinman  has  been  of 
great  service  to  me  here  ;  he  leaves  to  day  to  join  his  family,  whom  he  left  on  the 
river. 

We  have  uo  intelligence  from  Waiilatpu  except  Indian  rejK)rt,  which  if  wc- 
may  credit,  is  awful  enough.  It  is  said,  after  the  murder  of  the  whites  at  that 
place,  a  general  council  had  been  held,  and  that  the  Nc/.  I'erces  were  present  by 
special  invitation,  i.  e.,  the  chiefs  ;  that  it  was  determined  to  make  a  clean  sweep  ol 
all  the  Bostons,  including  Messrs.  vSpalding,  Ivels  and  Walker  above,  and  Hinman 
here  ;  that  they  had,  in  execution  of  that  resolution,  returned  and  nmrdered  all 
the  women  and  children  who  had  been  spared  in  the  first  place,  with  the  exception 
of  three  females  who  had  been  reserved  for  wives.  Remember,  this  is  only  native 
news.     I  must  refer  you  to  Mr.  Hinman  for  many  other  items  1  dare  not  write. 

From  all  I  can  gather,  the  country  east  of  the  I)es  Chutes  is  all  an  enemy's 
country,  and  our  movements  should  be  directed  accordingly.  Can  you  have  us 
two  or  three  guns  cast  at  the  foundry  ?  Kach  one  would  be  equal  in  effect  to  fifty 
men.  I  am  satisfied  that  the  enemy  is  going  to  be  much  more  formidable  against 
an  invading  force  than  many  in  the  Willamette  are  willing  to  lielieve.  The  Indians 
are  all  friendly  with  the  Hudson's  Bay  Company's  men,  and  I  am  truly  sorry  to 
learn  that  Mr.  Ogden  paid  them  powder  and  ball  for  making  the  portage  at  The 
Dalles.  I  hope  this  will  be  stopped  and  their  supplies  of  ammunition  immediately 
cut  off.     Please  take  some  measure  to  effect  this  without  delay.  *  *  ' 

While  writing  the  above,  one  horse  which  had  been  stolen  from  the  immi 
grants  has  been  brought  in,  and  others  reported  on  the  way.  I  think  most  of  the 
property  stolen  near  this  place  will  be  returned;  that  above  the  l)es  Cluites  will 
probably  be  contended  for.  The  Indians  about  this  place  are  evidently  terrifieil, 
and  I  shall  avail  myself  of  that  fact,  as  far  as  possible,  in  furthering  the  object  of 
our  trip.  I  have  no  fears  of  an  attack  on  this  place,  yet  I  shall  be  as  vigilant  as 
though  an  attack  were  certain.  The  boats,  which  were  wind-.bor.nd  ci'.^lit  d'lys, 
arrived  this  morning  all  safe  and  well.     I  remain 


There  .seems  to  have  been  a  report  circulated  that  the  Americans 
under  command  of  Colonel  Gilliam  were  going  to  levy  contributions 
on  the  Hudson's  Bay  Company  for  munitions  of  war.  This  created 
quite  a  flurry  among  our  British  cousins,  and  brought  forth  the  fol- 
lowing letter  : 

Fort  Vancouver,  December  31,  1847. 
To  Governor  George  Abernethy,  Esq.— 

Sir  :     A  rumor  having  been  in  circulation  for  some  days  pa.st,  that  it  is  General 


w. 


^TTl 


1847 

romises  tu 
nng  thetii 
We  havi' 
ng  thiugs 
s  been  of 
left  on  the 

iiich  if  we 
es  at  tViat 
preseut  by 
lu  sweep  ot 
id  Hinman 
inlered  all 
jexceptiou 
jnly  native 
not  write. 

in  enemy's 
)ii  have  VIS 
feet  to  fifty 
iblc  against 
.'he  Indians 
ly  sorry  to 
age  at  The 
tninediately 

the  imiui- 
most  of  the 
Cluitcs  will 
y  terrified, 
le  object  oi 

vigilant  as 
C'i'.,'ht   d'tys, 


^ 


Americans 
[itributions 
lis  created 
;h   the  fol- 


31.  1847- 
it  is  Geueial 


1847 


PROVISIONAL  GOVKRNMKNT. 


339 


Gilliam's  iutentiou  to  levy  contributions  on  the  Hudson's  Bay  Company's  prop- 
erty, for  the  purpose  of  completing  the  ecjuipmeut  of  the  troops  ordered  out  in 
your  late  proclamation,  for  the  intended  operations  against  the  Indians,  I  feel  it 
my  duty  to  communicate  with  you  frankly  on  the  subject,  as  it  is  most  important 
in  the  present  critical  state  of  our  Indian  rel  ions,  that  there  should  be  an  entire 
absence  of  distrust,  and  that  the  njost  perfect  unanimity  should  exist  among  the 
whites  of  every  class.  From  my  personal  knowledge  of  (ieneral  Gilliam,  and  his 
highly  respectable  character,  I  should  be  the  last  person  to  believe  him  capable  of 
committing  an  outrage  which  may  prove  so  disastrous  in  the  imuiediatt  and  re- 
moter consequences  to  the  peace  and  best  interests  of  this  country  ;  at  the  same 
time,  as  the  representative  of  a  powerful  British  association,  it  becomes  my  duty 
to  take  instant  measures  for  the  protection  of  their  property,  until  I  receive 
through  you  a  distinct  disavowal  of  any  such  intention  as  herein  stated.  Difticul- 
ties  of  that  nature  were  certainly  not  contemplated  by  us  when  we  dispatched  a 
large  part  of  our  effective  force  into  the  interior  for  the  purpose  of  receiving  the 
unfortunate  women  and  children,  the  survivors  of  the  massacre  at  Waiilatpu,  who 
remained  in  the  hands  of  the  Indians.  It  was  never  supposed  that  our  establish- 
ment would  be  exposed  to  insult  or  injury  frotn  American  citizens,  while  we  were 
braving  the  fury  of  the  Indians  for  their  protei  lion. 

Such  a  proceeding  would,  in  fact,  be  so  inconsistent  with  every  principle  of 
honor  and  sound  policy,  that  I  cannot  believe  qny  attempt  of  the  kind  will  be 
made  ;  but  I  trust  this  explanation  will  satisfactorily  account  *or  any  unusual  pre- 
caution observed  in  the  present  arrangement  of  this  cstablishiuent.  Trusting  that 
this  note  will  be  observed  at  your  earliest  convenience,  I  have  the  honor  to  be 
your  most  obedient  servant,  JAMES  DOUGLAS,  C.  F.  H.  B.  C. 

There  is  no  doubt  but  what  there  was  much  idle  talk  among  the 
volunteers  probably  to  the  effect  that  they  would  be  justified  in  capttir- 
intr  Fort  Vancouver  and  supplying  themselves  with  ammtmition,  which 
V  a  very  scarce  article.  Many  of  the  citizens,  too,  honestly  believed 
t  .tt  McBean  could  have  prevented  the  massacre  of  Dr.  Whitman  and 
others,  or  at  least  warned  them,  and  rendered  possible  their  safe  tran- 
sit out  of  the  country.  Consequently  there  was  considerable  animosity 
telt  towards  the  Hudson's  Bay  Company,  and  but  for  the  prompt  de- 
parture of  Mr.  Ogden  to  rescue  the  captives,  there  undotibtedly  wotild 
have  been  an  open  rupture.  Although  this  humane  act  was  given 
great  credence,  still,  many  thought  it  more  an  act  of  policy  than 
mercy  on  the  part  of  that  company.  There  was  no  organization  made 
or  attempted  to  capture  the  fort,  although  the  officers  in  charge  were 

badly  frightened. 

Oregon  City,  January  3,  1848. 

Sir  :  I  received  your  favor  of  31st  ult.,  yesterday  evening,  and  in  answering 
it,  would  thank  you  for  your  frankness  in  communicating  with  me  on  the  subject. 

Having  had  conversation  with  Colonel  Gilliam  on  this  subject,  I  can  state  that 
he  has  no  intention  of  levying  contributions  on  the  Hudson's  Bay  Company's  prop 
erty  for  any  purpose  whatever.  He  will  probably  cross  the  Columbia  river  at  the 
mouth  of  the  Sandy.  I  trust  nothing  will  occur  that  will  in  any  way  cause  dis- 
trust among  the  whites  during  this  crisis. 


ill 


H'l 


)  ^    1. 


340 


BROWN  S    POLITICAL    HISTORY. 


1847 


The  reports  from  above  lead  to  the  conehisioii  that  Messrs.  Spalding,  Walker 
ajid  Kells  have  been  cut  oft',  and  the  women  atid  children  spared  in  the  (irst  place, 
have  since  been  murdered.  Should  these  rumors  prove  true,  we  know  that  peace 
cannot  be  restored  between  the  Indians  and  whites.  Captain  Lee  informs  me  that 
Mr.  Ogden  paid  the  Indians  powder  and  ball  for  making  the  portage.  The  legis 
lature  passed  an  act  during  their  last  session  prohibiting  the  sale  of  powder,  lead, 
caps,  etc.,  to  Indians.  I  trust  you  will  sec  the  necessity  of  complying  with  this 
act,  which  will  be  published  in  the  next  number  of  the  Spectator. 

I  trust  the  disavowal  in  this  letter  will  prove  satisfactory  to  you.     Your  obed 
ient  servant,  GlvORt;!')   AHKKNlvTHY, 

Cover  not  of  Oregon   'I'eryitoty. 


To  the  above  letter,  Mr.  Douglas  .sent  the  following-  : 

1h)RT  Vancouvkr,  Jan.  4, 


184S. 


Geo.  Abernethy,  Esq. ,  Gov.  of  Oregon  : 

Sir.  I  have  to  acknowledge  your  letter  of  yesterday's  date  and  consider  it 
perfectly  satisfactory.  1  place  little  confidence  in  the  late  report  from  The  Dalles, 
ami  entertain  sanguine  hopes  that  they  will  prove  unfounded.  Whenever  we  re- 
ceive intelligence  from  the  interior,  I  will  lose  no  time  in  comnmnicating  the  same 
to  you.  The  Indians  have  been  always  paid  with  amnmnition  and  tobacco,  by  our 
travelling  parties,  for  passing  bbats  at  the  portages  of  this  river,  and  I  cannot  see 
that  Mr.  Ogden  had  any  reason  to  depart  from  the  established  practice  on  the  oc- 
casion mentioned  in  your  letter ;  as  these  Indians  have  no  fellow  feeling  with  the 
Cayuse,  and  behaved  in  the  most  friendly  manner  to  his  people,  and  I  am  con- 
vinced will  not  enter  into  any  combination  against  the  whites,  unless  there  be  great 
mismanagement  on  our  part.  In  fact  when  we  consider  the  object  of  Mr.  Ogden's 
journey  to  Walla  Walla,  and  that  the  lives  of  sixty  or  seventy  fellow  creatures  were 
under  Providence  mainly  dependent  on  the  celerity  of  his  movements,  it  cannot 
be  supposed  that  he  would  allow  any  minor  consideration  to  weigh  one  moment  in 
his  mind  against  the  great  object  of  their  preservation.  As  he  could  not  carry  his 
Iwats  over  the  portage  of  the  falls,  w"  hout  the  assistance  of  the  Indians,  it  would 
have  been  an  act  of  great  indiscretion  ^.n  his  part,  to  have  excited  alarm  and  created 
suspicion  in  their  minds,  by  withholding  the  compensation  of  two  or  three  pounds  of 
powder  and  lead,  which  they  had  been  accustomed  to  receive  for  such  services  ;  when 
it  was  certain  that  the  omission  would  be  regarded  as  evidence  of  a  hostile  intent,  and 
induce  them  to  put  every  obstacle  in  his  wa)- ;  whereby  the  object  of  the  journey 
must  have  been  entirely  defeated,  and  the  unfortunate  women  and  children  left  to 
their  cruel  fate.  The  general  stoppage  of  ammunition  will  be  in  my  opinion,  an  ill 
advised  and  harsh  measure.  The  Thlecatats  and  other  friendly  Inc'ans  who  live 
by  the  chase  cannot  dispense  with  ammunition.  It  has  become  to  them  a  positive 
necessity  of  life,  and  they  must  absolutely  starve  without  it.  It  is  in  facta  measure 
fraught  with  danger  to  the  country.  There  is  no  saying  how  the  Indians  may  resent 
a  proceeding,  which  they  will  certainly  regard,  as  an  act  of  unjustifiable  cruelty. 
To  prohibit  the  sale  of  ammunition  within  certain  districts  in  arms  against  the 
whites,  would  be  the  proper  course,  but  to  extend  the  measure  to  every  part  of  this 
country,  is  to  make  the  innocent  suffer  with  the  guilty,  and  a  departure  from  the 
conciliatory  course  of  policy,  which  we  have  always  found  to  answer  best  with  In- 
dians, and  will,  I  much  fear  drive  them  to  the  most  desperate  courses.  I  am  now 
only  expressing  an  opinion  on  what  the  law  is  reported  to  be,  and  await  the  next 
issue  of  the  Spectator  vrilh  some  impatience,  to  discover  its  real  character  and  value. 

You  may  rest  assured  that  we  will  do  nothing  improper,  or  which  will  in  any 


1847 


I'KOVISIONAI.   GOVKRNMKNT. 


34' 


way  endaiif»er  the  '.afety  of  the  country.     We  have  not  y«t  her.rd  from  Mr.  Ogden 
since  he  left  The  Dalles,  but  are  now  daily  expecting  to  h°ar  from  him 

Your  ob't  8v't.  JAMES    DOUOl  AS,     C.  F.  //.  B.  C. 

To  the  above  which  was  published  in  the  Spectator,  Gov,  Aber- 
iiethy  wrote  the  following  reply.  The  object  in  publishing  thetn  was 
to  allay  the  excitement  created  by  the  fact  becoming  known  that  Mr. 
Ogden  had  paid  the  Indians  powder  and  ball  to  transfer  their  boats 
around  the  ix)rtage  at  The  Dalles,  a  custom  that  had  been  in  vogue 
for  years.  To  this  an  emphatic  protest  was  sent  to  the  Governor,  as  it 
was  at  that  time  not  really  known  whether  tb.e  Wascopam  Indians 
were  friendly  to  the  Americans  or  not.  If  not,  this  same  ammunition 
might  be  used  against  them.  This  uncertainty  was  the  cause  of  the 
ill  feeling  against  the  Hudson's  Bay  Company,  which  was  also  aug- 
ni.cnted  by  the  well  known  fact  that  they  the  (  H.  B.  C's  sevants )  and 
Catholic  priests  could  travel  through  the  country  without  molestation. 

Oregon  City,  Jan.  lo,  1848. 

Sir.  I  received  your  welcome  letter  of  vSaturday  (Jan.  4),  yesterday  morning, 
and  •-;;u:rn  you  my  sincere  thanks  for  the  gratifying  intelligence  it  contained.  I 
had  begun  to  fear  for  the  safety  of  all  that  was  in  the  upper  country.  These  fears 
are  happily  dispelled.  I  shall  be  very  happy  in  communicating  with  Mr.  Ogden. 
Indeed  had  you  not  informed  me  that  he  would  be  here  to-day,  I  should  have  left 
this  morning  for  Vancouver.  Should  you  wish  it,  I  will  have  your  letters  of  31st 
ult.  and  4th  inst. ,  together  with  mine  of  Jan.  3d,  published  in  the  next  Spectator, 
if  not,  I  think  it  advisable  that  Mr.  Ogden  should  state  his  reasons  for  giving  pow- 
der to  the  Indians,  viz  :  not  to  excite  any  alarm  among  them,  which  was  the  reason 
Mr.  McKinleygave  me.  Your  ob't  sv't. 

James  Dougi^as,  Esqr.  GEO.  ABERNETHY. 

Under  the  excitement  at  the  time  and  circumstances,  it  is  not  strange 
that  a  stringent  law  prohibiting  the  sale  of  powder  and  lead  tolndians 
was  passed.  Still  it  was  an  tmwise  act.  The  Indians,  especially  tho.se 
who  had  had  intercottrse  with  the  Hudson's  Bay  Company  and  the 
Americans,  had  discarded  the  ancient  bow  and  arrow.  They  were  not 
able  to  hunt  succe.s.sfully,  as  game  had  become  scarce  and  harder  to 
secure.  It  is  true,  that  some  of  the  Indians  may  have  .supplied  the 
hostilcs  with  ammunition,  but  if  they  had  been  warned  that  they  could 
not  have  any  more  if  they  so  disposed  of  it,  they  would  not  have  done 
.so  if  the  penalty  had  been  rigorotisly  enforced.  The  officers  of  the 
Hudson's  Bay  Company  knew  their  circumstances  and  character  well, 
and  their  prediction  was  nearly  fulfilled  by  Pe-pe-mox-mox  who  threat- 
ened to  join  the  Cay  uses,  and  would  have  done  so  but  for  fear  of  the 
tumibcr  of  troops  at  that  time  in  the  country. 

When  Captain  Lee  with  the  first  company  of  Oregon  Riflemen  ar- 
rived at  the  Cascades  on  his  way  up  to  Wascopum,  he  sent  the  following : 


Mr 


342 


brown's  political  history. 


1847 


Cascades,  I  ic.  16,  1847. 

Oov.  Arrrnkthv.  Dear  Sir:  The  return  of  the  bateaux  aflFords  me  an  oppor- 
tunity of  sending  you  a  line.  Because  of  the  extreme  lowncssi  of  the  water,  we 
were  compelled  to  make  a  land  portage  with  the  boats.  I  am  happy  to  say  it  is 
now  done,  and  will  leave  in  a  few  minutes  for  The  Dalles.  I  have  heard  nothing 
from  the  mission  there  since  I  left  you  except  an  Indian  report  as  follows  :  "vSix 
Indians  (  Cayuse  and  river  I)es  Chutes  Indians  )  came  to  The  Dalles  ^nd  endeav- 
ored to  get  the  Wascopams  to  join  them  in  murdering  the  whites  and  aking  the 
property.  Hut  after  making  medicine  a  day  or  two,  they  disagreed  an  ong  them- 
selves, and  one  was  killed  by  another.  The  Wascopam's  refused  to  jc.n  them  and 
they  had  gone  away.  The  Des  Chutes  Indians  had  joined  the  war-party  and  in- 
tended to  fight.  This  was  learned  from  an  Indian  who  w"  'v.avli'g  The  Dalles 
with  his  family — he  thought  the  mission  was  taken  the  day  aft-"!  ne  left,  and  that 
Mr.  Ogdeu  got  there  that  evening  ( vSaturday).  I  am  happy  to  say  there  has  bee'i 
the  utmost  good  feeling  in  the  company,  a  general  spirit  of  perseverance  worthy  f 
the  confidence  placed  in  it. 

There  are  a  few  sick  with  colds,  etc.  Please  id  vise  the  next  company  to  come 
in  small  boats  and  canoes — such  as  they  can  readily  bear  on  their  shoulders  over- 
land, for  they  cannot  be  taken  by  water  with  safety  at  this  stage  of  water.  I  have 
drawn  upon  you  for  the  expense  of  the  bateaux. 

In  haste,  your  most  obedient  servant.  H.  A.  G.  LEE. 

As  it  was  not  known  at  this  time  that  the  American  force.'^  had 
taken  po.ssession  of  California,  the  Governor  addre.s.sed  the  following 
letter  to  Commodore  Shubrick  which  explains  itself : 

Oregon  City,  Dec.  28,  18.^7. 

Sir.  The  present  siate  of  affairs  in  Oregon  induces  me  to  r.  idrcss  you  on  the 
subject.  I  enclose  herewith  two  papers  which  will  inform  you  of  lur  situation,  and 
the  necessity  there  is  of  sending  aid  if  in  your  power,  as  soon  as  possible,  h  sloop- 
of-war  anchored  in  the  Columbia  river  at  Vancouver  or  near  the  m  wth  of  the  Wil- 
lammette  river,  would  exert  a  powerful  influence  in  our  behalf  T\e  Indians  would 
he  led  to  believe  that  our  chief,  of  whom  they  have  often  hear'i,  was  ready  to  ex- 
amine into  and  punish  any  wrongs  they  might  inflict  on  American  citi/ens.  A 
supply  of  ammunition  could  be  furnished  to  repel  any  attacks  they  might  make  on 
us,  and  would  also  let  the  citizens  of  the  United  vStates  dwelling  in  this  distant 
land  know  that  they  were  not  neglected.  A  vessel  drawing  16  feet  of  water,  can 
enter  our  harbor  in  safety,  one  drawing  15  feet,  can  I  believe  get  up  the  Columbia 
at  any  season  of  the  year  with  proper  caution.  I  am  aware  that  the  present  season 
is  not  the  most  favorable  for  entering  our  river  and  ascending  it,  still  merchant- 
men enter  and  depart  at  all  sea.sons  of  the  year.  Relieving  that  you  will  do  all  you 
can  to  render  us  a.ssistance  ;  I  have  the  honor  to  remain  yours  truly. 
To  W.  Hradford  Shubrick.  r,K(^    ARKRNKTHY, 

Commander  Pacific  Squadron.  Governor  of  Oregon. 

Mr.   Douglas  was  so  confident  that  the  law  would  create  trouble 

with  the    Indians,  that   he  wrote  the   following   to  Dr.  W.  F.  Tolmie 

who  had  charge  of  the  station  at  Nisn<'ally  : 

foRT  Vancouver,  Jan.  18,  1848. 
The  Legislature  has  passed  a  law  prohibit  .ng  the  sale  of  powder,  lead  and  caps 
to  all  Indians,     I  consider  it  a  dangerous  measure,  which  will  excite  the  Indians 


I, 


mw 


1847 

y,  1847. 
an  oppor- 
water,  wc 

0  say  it  is 

1  nothing 
a:  "vSix 
d  eudeav- 
aking  the 
mg  them- 
them  and 
ty  and  in- 
'he  Dalles 
,  and  that 

has  bee'i 
worthy    1' 

ly  to  come 
ders  over- 
r.     I  have 

LEE. 

irces  had 
following 

28,  1.S47. 
^ou  on  the 
lation,  and 
A  sloop- 
of  the  Wil- 
ians  would 
;ady  to  ex- 
iti/ens.  A 
it  make  on 
Lhis  distant 

water,  can 
!  Columbia 
sent  season 

merchant- 
1  do  all  you 

HV, 

■  Otefion. 

te  trouble 
F.  Tolmie 


18.   iS4S- 
ad  and  caps 
the  Indians 


1847 


PROVISIONAL   GOVERNMENT. 


343 


more  and  more  against  the  Americans  ;  they  will  starve  without  ammunition,  and 
distress  may  drive  them  to  dangerous  courses.  They  will  prey  upon  the  settle- 
ments, and  slaughter  cattle  when  they  can  no  longer  hunt  the  deer.  Represent 
this  to  the  Newmarket '  men.  It  is  oppression,  not  kindness, that  will  drive  the  Indians 
to  acts  of  hostility.  Use  all  your  influence  to  protect  the  Newmarket  people,  and 
tell  them  to  be  kind  and  civil  to  the  Indians.  Use  your  discretion  about  the  pow- 
der and  lead  prohibition  ;  vou  need  not  enforce  the  law  if  it  endangers  the  safety 
of  the  country.  The  Amt;  .ans  about  this  place  are  all  exclaiming  against  it,  and 
are  serving  out  powder  to  the  Indians  themselves  to  protect  their  stock.  You 
ought,  in  my  opinion,  to  get  the  fort  enclosed  imme(!iately,  and  bastions  put  up 
it  two  of  the  corners.  If  your  own  people  are  not  sufficient,  hire  hands  to  a.ssist 
you  ;  the  sooner  that  precaution  is  taken  the  better.  JAMEvS  DOUGLAS. 

It  was  at  thi.s  time  that,  as  before  related,  i  resolution  was  pa.s.sed 
l)y  the  Legislature  appropriating  $500  to  send  a  messenger-  across  the 
continent  to  Washington  City,  with  dispatches  and  a  memorial  to  the 
President  and  Congress,  and  Jcseph  L  Meek,  a  member  of  the  Legis- 
lature, and  who  had  spent  several  years  in  t  tie  mountains  as  a  trapper, 
was  chosen  to  make  that  perilous  journey.  He  was  supplied  with  the 
following  letter  of  introduction  : 

Oregon  City,  December  28,  [847. 
Sir  :     The  bearer,  Joseph  L.  Meek,  Esq.,  has  been  appointed  by  the  Legisla- 
t\irc  of  Oregon  Territory,  .special  n.essenger  to  carry  dispatches  to  Wa.shington 
City.     His  journey  will  be  an  arduous  one,  and  I  would  recommend  him  to  the 
fa\orable  notice  of  Your  Excellency.     I  have  the  honor  to  be,  &c., 

GEORGE   ABERNETHY, 
To  Ids  Excellency y  Governor  0/  Oregon. 

James  K.  Poi^k,  President  United  States. 

To  place  the  army  on  a  good  footing  the  following  officers  were 
commissioned  and  etitered  actively  upon  their  duties  with  a  determina- 
t  ion  to  punish  the  Cayuse  tribe  : 

Colonel,  Cornelius  Gilliam  (accidentally  killed):  lieutenant-colonel, 
James  Waters  (promoted  U^  colonel);  major,  H.  A.  G.  Lee  Cwho  had 
been  appointed  lieutenant-colonel  but  resigned  in  favor  of  Waters,  and 
when  Waters  became  colonel  Lee  was  chosen  lieutenant-colonel);  adju- 
tant of  regiment,  B.  F.  Hurch;  surgeon,  W.  M.  Carpenter;  assistant 
surgeons,  F.  Snider  and  H.  Saffaraus;  adjutant-general,  A.  Lawrence 
I.ovejoy;  commis.sary-general,  Joel  Palmer;  quartermaster,  B.  Jennings; 
)iayma.ster,  L.  B.  Knox;  judge  advocate,  Jacob  S.  Rinearson. 

The  following  letter  was  received  by  the  Governor  from  James 
Douglas  in  regard  to  the  rescue  of  the  captives  ; 

EoRT  Vancouver,  January  8,  1848, 
Ccorgr  Aberncth\\  Esq. — 

SiR  :     Mr.  Ogden  has  this  moment  arrived  with  three  bofvts  from  Walla  Walla, 

lAn  American  settlement  at  the  south  end  of  Puget's  Soutid  . 


l.> 


344 


brown's  political  history. 


1847 


and  I  rejoice  to  say  that  he  has  lirought  down  all  the  women  and  children  from 
Waiilatpu,  Mr.  and  Mrs.  vSpalding  and  Mr.  Stanley  the  artist.  Messrs.  Walker 
and  Eells  were  safe  and  well ;  they  are  not  considered  to  be  in  danger.  The  re- 
ports of  the  later  murders  committed  at  Waiilatpu  are  all  absolutely  without 
foundation,  not  a  life  having  been  1  st  since  the  day  of  Dr.  Whitman's  death.' 
Mr.  Ogden  will  visit  the  Falls  on  Monday  and  give  you  every  information  in  his 
power  respecting  the  Indians  in  the  interior.  The  Cajnises,  Walla  Wallas,  Nez 
Perces  and  Yakimas  are  said  to  have  entered  into  an  alliance  for  mutual  defense. 

In  haste,  yours  respectfully, 

JAMES    DOUGLAS. 

As  Captain  Thos.  McKay  and  his  company  of  Canadian  French- 
men were  passing  through  Oregon  City  to  the  seat  of  war,  a  flag,  em- 
blematic of  the  present  situation  of  the  country — a  lone  star  with  .sev- 
eral stripes,  made  by  some  citizens  for  the  company,  was  pr.  'nited  to 
the  company  by  their  captain,  accompanied  by  the  followiu^;  .hort  ad- 
dress :  "  This  is  the  flag  which  you  are  expected  to  defend,  and  you 
must  defend  it,  too  !" 

Colonel  Gilliam  gathered  his  men  as  rapidly  as  possible  and  left 
Portland  January  12th,  arriving  at  The  Dalles  on  the  23d  with  fifty 
men,  as  he  had  heard  by  express  messenger  that  a  skirnii.sh  had  oc- 
curred on  the  3d  of  January,  and  was  fearful  that  Captain  Lee  would 
be  cut  off.  The  rest  of  the  regiment  arrived  on  the  25th.  I  will  refer 
the  reader  to  the  reports  of  those  ofiicers. 

Governor  Abernethy  wrote  the  following  to  Colonel  Gilliam  : 

Oregon  City,  January  10,  1848. 

Sir  :  *  *  *  I  received  a  letter  from  Mr.  Douglas  yesterday,  in- 
forming me  that  Mr.  Ogden  would  be  at  Oregon  City  to-day  and  "  give  me  every 
information  in  his  power  respecting  the  Indians  of  the  interior."  This  letter 
contained  the  highly  gratifying  intelligence  that  Mr.  Ogden  had  brought  down  to 
Vancouver  all  the  women  and  children  from  Waiilatpu,  Mr.  and  Mrs.  Spalding 
and  Mr.  Stanley,  the  artist.  Messrs.  Walker  and  Kells  are  safe  and  not  consid- 
ered in  danger.  This  now  takes  away  the  pressing  necessity  of  a  forced  march  to 
Walla  Walla.  As  soon  as  I  have  an  interview  with  Mr.  Ogden,  I  shall  visit  your 
camp.     I  remain  yours  truly,  GKORGP:  ABKRNRTHY, 

Colonel  Gilliam,  Cover  no*  of  Oregon. 

First  Regiment  Oregon  Riflemen. 

The  captives  arrived  at  Oregon  City,  January  nth,  under  the  im- 
mediate charge  of  Mr.  Ogden,  and  were  received  with  much  rejoicing 
by  the  people  of  that  town.  They  were  turned  over  to  Governor 
Abernethy,  and  soon  found  homes  among  the  people  of  the  valley, 
who,  with  that  genero.sity  characteristic  to  the  frontiersman,  did  every- 
thing for  their  comfort.     The  following  letter  was  addressed  to  Mr. 


I  This  is  ii  tjji.stake,  Crockett  Btwley  and  AnKvs  Sale*  were  killwtl  three  days  afterwards. 


"1 


1 847 

Ireii  from 
Walker 
The  ro- 
•  without 
s  death. ' 
on  in  his 
alias,  Ne/. 
1  defense. 

LAS. 

French- 
flap^,  em- 
vith  sev- 
"11  ted  to 
hort  ad- 
and  you 

and  left 
vith  fifty 

had  oc- 
ee  would 
will  refer 


im  : 

),  1848. 
5terday,  in- 
;  me  every 
This  letter 
;ht  down  to 
s.  Spaldinj^ 
not  oonsid- 
d  march  to 
I  visit  your 

Iregon. 


;r  the  im- 
i  rejoicing 
Governor 
he  valley, 
did  every- 
2d  to  Mr. 

wards. 


1847 


PRovivSif)NAL  govp:rnment 


345 


Ogden  by  Governor  Abernethy  in  acknowledgement  of  his  generoii.s 
and  successful  achievement: 

Orkgon  CiTv,  January  19,  184S. 

Sir  :  I  feel  it  a  duty  as  well  as  a  pleasure,  to  tender  you  my  sincere  thanks, 
and  the  thanks  of  this  community,  for  your  exertions  in  behalf  of  the  widows 
and  orphans  that  were  left  in  the  hands  of  the  Cayuse  Indians.  Their  state  was 
a  deplorable  one,  subject  to  the  caprice  of  savages,  exposed  to  their  insults;  com- 
pelled to  labor  for  them,  and  remaining  constantly  in  dread  lest  they  should  be 
butchered  as  their  husbands  and  fathers  had  been.  From  this  state  I  am  fully 
satisfied  we  could  not  have  rescued  them,  a  small  party  of  Americans  would  have 
been  looked  upon  by  them  with  contempt,  a  larger  party  would  have  been  a  sig- 
nal for  a  general  massacre.  Your  immediate  departure  from  Vancouver  on  the 
receipt  of  the  intelligence  from  Waiilatpu,  enabling  you  to  arrive  at  Walla  Walla 
before  the  news  of  the  American  party  having  started  from  this  place  reached 
them,  together  with  your  influence  over  the  Indians,  accomplished  the  desirable 
object  of  relieving  the  distressed.  Your  exertions  in  behalf  of  the  prisoners  will 
no  doubt  cause  a  feeling  of  pleasure  to  you  throughout  life,  but  this  does  not  re- 
lieve them  nor  us  from  the  obligations  we  are  under  to  you.  You  have  also  laid 
the  American  Government  under  obligations  to  you,  for  their  citizens  were  the 
subjects  of  this  massacre,  and  their  widows  and  orphans  are  the  relieved  ones. 
With  a  sincere  prayer,  that  the  widow's  God,  and  the  Father  of  the  fatherless  may 
reward  you  for  your  kindness,  I  have  the  honor  to  remain  your  obedient  .servant. 
To  Pkter  Skeen  Ogden,  GEO.    ABERNETHY, 

Chief  Factor  Hon.  H.  B.   Co.  Gov.  of  Oregon  Territory. 

To  this  Mr.  Ogden  wrote  the  following  reply  : 

Fort  Vancouver,  Jan,  26,  1848. 
Mr.  George  Abernethy,  Esqr. — Gov.  of  Oregon  : 

Sir.  I  have  to  acknowledge  the  receipt  of  your  highly  flattering  letter  of  19th 
inst. ,  and  the  high  value  you  lay  on  my  services  in  re;!cuing  so  many  fellow  crea- 
tures from  captivity,  but  the  meed  of  praise  is  not  due  to  me  alone.  I  was  the  mere 
acting  agent  of  the  Hudson's  Bay  Company,  for  without  its  powerful  aid  and  influ- 
ence, nothing  could  have  been  effected,  and  to  them  the  praise  is  due — and  permit 
me  to  add,  should  unfortuuately,  which  God  avert,  our  services  be  again  required 
under  similar  circumstances,  I  trust  you  will  not  find  us  wanting  in  going  to  their 
relief. 


>^C^. 


Hon.  Willard  H.  Rccs,  in  his  annual  address  before  tiie  Oregon 
Pioneer  As.sociation,  says  ; 

"1  served  under  Gen.  Joel  Palmer  as  commissary  agent,  during  the  Cayu.sc 
war,  at  I'"rench  Prairie,  and  I  can  assure  you  that  those  old  ])ioneer  Canadians  gave 
quite  as  liberally  f)f  their  own  means  to  supply  the  volunteers  in  the  field,  as  did 
the  people  of  any  other  portion  of  old  Champoeg  county.     Being  desirous  of  plac- 


346 


brown's  political  history. 


1847 


itiK  upon  our  records  something  to  show  the  feelings  and  position  occupied  by  this 
people  during  this  exciting  and  critical  struggle,  and  in  defense  of  their  truth  and 
fidelity  to  the  Provisional  Government  against  all  unjust  aspersions.  The  follow- 
ing preamble  and  resolutions  unanimously  atlopted  at  a  meeting  composed  of  more 
than  100  Canadians,  held  on  French  Prairie,  is  copied  from  the  Oregon  Spectator, 
Jan.  20,  1848. 

Wherkas,  It  is  believed  that  several  of  the  Indian  triljes  east  of  the  Cascade 
mountains  have  formed  an  alliance  for  the  purpo-^e  of  carrying  on  hostilities  against 
this  colony,  and 

Whereas,  The  exigency  of  the  times  calls  for  prompt  and  energetic  action 
on  the  part  of  the  people  of  this  Territory,  in  enlisting  and  mustering  into  service 
the  number  of  volunteers  required  by  the  Executive  ;  therefore. 

Resolved,  That  we  deem  it  highly  expedient  to  raise,  arm  and  equip,  one 
company  of  Riflemen  to  proceed  immediately  to  join  the  regiment  at  Portland. 

Resolved,  That  the  Canadian  citizens  of  Chauipoeg  county,  feel  it  their  duty 
to  assist  our  adopted  country-  in  the  prosecution  of  the  war  against  the  Cayuse  In- 
dians, for  the  horrible  massacre  committed  by  them  upon  American  citizens  at 
Waiilatpu. 

After  which,  a  call  was  made  for  volunteers,  when  thirty  came  forward  and  en- 
rolled their  names.     Thomas  McKay   was  chosen  Captain. 

It  was  first  intended  that  the  messenger  to  the  States,  Joseph  L.  ■ 
Meek,  should  go  b>-  the  way  of  California,  and  deliver  dispatches  to 
Commodore  vShubrick.  But  that  intrepid  trapper  and  mountaineer 
chose  the  route  via  Fort  Hall,  so  it  became  necessary  to  select  a  mes- 
senger for  California,  and  Rev.  H.  H.  Spalding  contributed  $500,  the 
amount  required  to  defray  the  expenses  of  the  trip.  Hon.  Jesse  Apple- 
gale  was  chosen,  who  selected  a  company  of  sixteen  men  including  him- 
self, and  started  on  what  proved  to  be  an  arduous  but  unsuccessful 
trip.     The  following  is  the  letter  of  appointment  : 

Oregon  City,  Jan,  25,  1848. 
Dear  vSfk.  As  Mr.  J.  T,.  Meek  is  still  at  The  Dalles,  and  does  not  intend  going 
to  California,  Rev.  H.H.Sjialding  proposed  advancing  a  sum  not  exceeding  jf5<)o  to 
be  paid  at  Vancouver,  any  time  after  March  20th  next,  for  the  purpose  of  sending 
a  messenger  with  disjiatrhcsto  California.  I  immediately  proposed  you  as  the  man, 
and  as  the  Vancouver  funds  will  just  aiiswei  your  purpose,  and  can  at  the  same 
time  render  essential  service  'to  this  country  by  informing  the  j)roper  authorities  of 
C.ilifurnia  of  our  situation.  I  see  nothing  in  the  wfiy  to  prevent  your  immediate 
departure.  If  you  conclude  to  go,  let  me  know  how  .Tiuch  you  will  require  to  tit 
out  tliv-  mission  .'  If  ;i  (  ovemment  vessel  comes  up  soon,  you  can  return  on  hei. 
I  received  a  letter  from  Maj.  Lee  last  Sunday,  in  which  he  informs  me  briefly,  he 
has  had  a  skirmish  with  the  Indians  who  were  running  off  the  cattle.  vSome  of  our 
men  wont  to  bring  them  back,  not  seeing  but  two  or  three  Indians,  but  some  25  of 
them  were  hidden'among  the  hills  and  rooks,  bortunately.  more  men  wtrc  sent  out, 
when  a  fire  was  opened  upon  them  Ijy  the  Indians,  and  a  tunning  tight  took  place. 
One  of  our  party  was  wounded  in  the  leg.  It  was  thought  some  of  the  Indians 
were  killeil,  as  two  horses  saddled  were  left  on  the  field.  Soon  after  this,  our  own 
men  being  out  on  an  expedition,  brought  in  about  sixty  horses,  so  this  puts  the 


wm 


1847 


PROVISIONAL   GOVERNMENT. 


347 


him- 


party  on  horseback.  Thus  you  see  the  war  is  openinj;;  and  the  Indians  are  unitiufr 
against  the  Americans.  Vou  cannot  set  forth  in  too  strong  a  light  the  al»sohite 
necessity  of  a  man-ofwar  being  sent  forthwith.  We  see  that  the  Indians  look  oti 
the  Hudson's  Ray  Company  as  friends  ;  on  the  Americans  as  enemies.  Catholics 
remain  unharmed  among  them.  Protestants  are  murdered.  Why  that  is  so,  I  can- 
not say,  but  that  it  is  so  we  all  know.  Mr.  Spalding  says  that  the  ludiatis  say  that 
no  American  or  protestant  shall  live  among  them.  They  know  they  murdered 
both  Americans  and  Protestants.  I  should  like  to  see  you  before  you  start,  but 
this  would  be  wasting  lime.  This  package  contains  letters  and  papers  for  Commo- 
dore Shubrick  and  Gov.  Mason.  I  have  not  time  to  write  any  more,  but  hope  to 
learn  in  a  few  days  that  you  have  left,  and  I  hope  you  will  .succeed  in  inducing  a 
man-of-war  to  visit  us.  Should  you  need  a  small  sum  in  advance,  you  can  draw 
on  me,  and  I  will  draw  on  Mr.  Spalding  for  the  amount.  Remember  you  will  be 
going  south  and  getting  into  a  warmer  climate. 

I  remain  yours  truly, 
Jesse  Applegatk,  GEO.  ABERNETHY,     Gov.  of  Oregon. 

The  following  is  an  iterestiug  account  of  the  trip  written  by  Hon. 
John  Minto,  who  was  one  of  the  party  : 

*  *  *  The  party  consisted  of  sixteen  men,  including  the  bearer  of  the 
dispatches,  the  Hon.  Jesse  Applegate.  Caji.  Levi  Scott,  commanded  the  company. 
Two  of  his  sons,  John  and  William  Scott,  Walter  and  Thomas  Monteith,  A.  A.  Rob- 
inson, Wni.  (William,  Joseph  Waldo,  James  Campbell,  James  Fields,  James  Lemon, 
John  Tice,  Solomon  Tethero  Gcorgc  Hibbler  and  John  Minto,  made  up  the  party. 
The  plan  was  to  pass  to  California  via  Klamath  lake  and  Pitt  river  country,  passing 
the  Sierra  Nevada  range  by  the  valliey  of  the  latter  or  some  other  confluent  of  the 
Sacramento.  Little  was  then  known  of  the  country  we  intended  to  traverse,  but 
it  was  believed  that  if  we  found  the  country  as  bare  of  snow  as  the  mildness  of  the 
season  in  the  Willamette  valley  gave  reason  to  expect,  we  could  make  the  trip 
either  by  the  way  indicated,  or  by  striking  and  following  the  route  pursued  by  Col. 
Fremont  a  few  years  previous. 

The  party  rendezvoused  on  the  south  bank  of  the  La  Creole,  about  opposite 
the  present  town  of  Dixie,  in  Polk  county,  and  thence  started  about  Jan.  28,  1848. 
Each  man  furnished  his  own  saddle  and  pack  horse,  gun  and  blankets.  Ammuni- 
tion, flour  and  bacon  were  furnished  hv  the  settlers,  under  some  arrangement  that 
(  never  mllv  understood,  only  that  the  worth  or  cost  of  these  latter  articles  should 
ultimately  he  paid  by  the  Government.  The  party  were  without  tents  or  shelter 
of  any  kind,  and  the  bedding  of  each  individual  had  to  be  used  under  a  dfinbling 
up  process  in  order  to  secure  comfort.  Fmm  the  time  of  departure,  th*  part^  hafl 
plenty  of  wet  tn  encounter  overhead  and  under  foot,  Vidgrs  and  ferries  benig 
little  known  thwn  in  the  rottnlry  we  traversed.  From  the  Sooth  Umpqua  sonth- 
ward,  we  liad  iiuthing  but  hostilities  to  expect  frofr  the  Tndiuis.  as  up  to  that  time 
a  weak  party  was  aiinnwst  sure  to  l»e  ntxacked  in  passing  through  the  Rogue  River 
va'ley.  We  made  fmr  pragresK  until  '^aching  a  point  in  that  valTfrv  above  the  place 
where  the  oUi  California  trmil  came  inrto  it  ,  ther.^e  h<»arm>;  ewatswird  rather  than 
south,  wc  H«x>ti  strut**  the  sm  »v  line  -  "he  moiBitains.  T-Yow  the  point  where  the 
party  ftrsl  struck  tbr  now  «e  pt  i  inte  the  iBt-mntains  (  on  Ike  Iraie  blamed 

bv  Messrs.  Appiecr^  and  SriK:  liit  '    vear  fr»-  the  first  pii»tir  •f  i«Bmigrauts 

Hy  the  southern  rmiate),  a  sapptwed  li.;  ._i:. .  of  t'weany  five  miles  tovrarcfai  Klamath 
lake.     At   this  ;yL»int,  idte  snow  beiais  about   feur     feet    deep    and  HuKi  higher 


34« 


brown's  political  history. 


1847 


!  m-i 


X'-ound  to  pass  in  order  to  get  to  Klauiath  lake  basiu,  the  Captain  conchided  he 
would  have  to  abandon  the  attempt  to  proceed,  as  even  if  the  horses  could  have 
traveled  mi  such  a  snow,  there  v/as  no  green  thing  for  them  to  eat,  but  the  poison 
laurel.  Mr.  Applegate,  feeling  keenly  the  responsibility  of  the  success  or  failure 
of  the  enterprise,  said  he  felt  impelled  to  try  to  go  forward,  and  would  do  so  if  any 
one  of  the  part;,  would  go  with  hiiu.  His  call  for  volunteers  resulted  in  an  even 
division  of  the  party.  Eight,  consisting  of  Mr.  Appleg.ite,  Solomon  Tethero,  Jas. 
Fields,  James  Lemon,  A.  A.  Robinson,  Walter  and  Thomas  Moutieth  and  the  writer 
volunteered  to  go.  The  plan  to  go  forward  if  po^^sible  being  for  these  eight  (.0 
make  snowshoes,  take  eight  days'  provisions  to  eatrli  man  and  try  to  push  their 
way  through;  C  iptain  Scott  and  seven  men  returning  to  the  Willamette  vfalley 
with  all  the  horses.  The  next  day  aftet  this  was  concluded  on,  the  Captain  and 
party  started  back,  and  Applegate  and  party  spent  the  day  in  preparing  snowshoes. 
None  of  the  party  knew  how  to  make  them,  and  we  did  not  have  the  proper  mate- 
rial. The  best  we  could  do  was  to  bend  rods  of  willow  into  nearly  oval  shape, 
about  twenty  inches  the  longest  way,  and  into  the  hoops  so  formed,  weave  a  net- 
work of  buckskin  thongs.  By  taking  our  gun  covers  and  other  pieces  of  this  ma- 
terial or  rawhide  as  we  had  among  us,  we  made  such  aset  of  things,  whether  snow- 
shoes  or  not,  as  would  keep  each  of  us  upon  the  surface  of  the  snow. 

Next  day  we  made  trial  of  traveling  with  them.  It  soon  became  manifest  that 
the  lightest  man  could  get  along  best,  and  it  was  proven,  on  the  first  day,  that  the 
heaviest  (Mr.  Fields t  was  utterly  unable  to  proceed.  Early  on  the  first  day,  Mr. 
Fields  begau  to  break  or  stretch  the  thongs  of  his  snowshoes  and  getting  them 
turned  edgewise,  so  that  he  would  sink  down  in  the  soft  snow.  This,  while  the 
snow  was  not  more  than  four  feet  deep,  was  not  the  occasion  of  much  extra  fatigue, 
only  it  delayed  the  whole  party  by  stopping  until  he  could  refix  them.  But  as  we 
advanced  the  snow  deepened  and  the  labor  became  excessive,  and  before  night  the 
party  were  passing  over  snow  about  six  feet  deep  on  the  level,  and  in  places  where 
drifts  lodged,  much  deeper.  When  Mr.  Fields  went  down  in  such  places,  there 
was  no  other  way  but  for  some  of  the  rest  to  take  his  gun  and  pack,  and  generally 
two  others  would  throw  him  on  his  beam  end,  as  sailors  would  say,  and  fetch  him 
out  of  his  hole  sidewise,  set  him  up  and  refix  his  .snowshoes.  This  became  so  tire- 
some as  to  make  Mr.  Fields  sick  before  night,  and  after  striking  camp,  the  first 
(juestion  that  presented  itself  to  the  party  was  whether  we  should  leave  him  be- 
hind us  next  morning  and  push  on  (  taking  the  unexpected  depth  of  the  snow 
where  we  were,  as  good  evidence  that  the  Klamath  lake  basiu  was  also  under  snow, 
which  being  the  case  would  render  the  accomplishment  of  our  journey,  with  our 
then  means,  utterly  impossible),  turn  back  and  make  for  the  Willamette  again. 

After  extracting  all  the  information  we  could  from  Mr.  Applegate  as  to  the  lay 
of  the  country  l)etween  us  and  Klamath  lake,  we  concluded  that  in  all  probability 
the  country  around  it  was  under  at  least  two  feet  of  snow,  A  vote  was  t.ikcn  on 
the  proposition  to  leave  Mr.  Fields  and  go  forward  nr  all  stick  together  and  go  back, 
and  it  was  carried  in  favor  of  return  seven  to  one.  This  concluded  on,  the  determin- 
ation was  taken  to  overtake  our  ci>mrades  if  we  could.  The  ?iext  morning  we 
started  with  that  object  in  view,  and  in  four  days  and  nights  forced  marching  we 
came  up  with  them  and  our  horses,  near  the  present  site  of  Canyonvillc,  on  the 
South  lTmp(|ua.  Thesf  foiii-  days  were  the  roughest  in  all  my  experience  of  fron- 
tier life,  and  the  whole  trip  was  a  hard  one,  compared  with  the  ordinary  life  in 
camp  and  on  duty  with  those  who  were  in  the  Cayuse  country,  according  to  the 
<xperieiice  <•'  Thomas  Montieth  and  James  Lemon,  who  went  up  there  after  our 
return  about  the  4th  of  March. 


IN 


WB 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


349 


We  had  proof  within  a  few  hours  after  we  comnieuced  our  return  that  if  we  had 
lefl  Mr.  Fields  or  any  other  member  of  our  party,  it  would  have  been  almost  cer- 
tain death  by  the  Indians,  for  we  met  them  tracking  us  in  the  snow,  imuI  their  pre- 
cipitate retreat  when  they  discovered  us  ready  for  them,  betrayed  their  design. 
.N'or  is  it  at  all  probable  that  any  of  us  would  have  succeeded  in  getting  through  to 
California  by  the  route  we  contemplated,  at  that  season  of  the  year,  at  least  that 
was  the  opinion  of  Mr.  Walter  Montieth,  who  with  his  brother,  passed  tbat  way 
to  the  gold  mines  the  succeeding  autumn.  There  were  no  lives  lost  either  t)f  or  by 
the  party.  We  did  not  fire  upon  any  of  the  Indians  we  saw,  but  sometimes  were  as 
near  doing  so  as  well  could  be.  Jt^HN  MINTO. 

The  failure  of  this  expedition  was  a  severe  disapoiiitnient  toCiOver- 
nor  Abernethy  as  well  as  to  the  brave  nieti  who  made  the  attempt,  al- 
though It  is  probable  that  if  they  had  reached  California  in  safety  they 
wotildhave  obtained  no  relief  for  the  sorely  pressed  people  of  Oret^on, 
as  at  that  time,  all  of  the  Pacific  .squadron  were  fully  employed  in 
guarding  the  different  stations  capttired  from  the  Mexican  forces. 


Immediately  after  Col.  Gilliam's  arrival  at  Wascopam,  he  wrote  the 
following  showing  the  condition  of  the  army  in  regard  to  provisions 
and  other  necessaries  for  prosecuting  the  war  : 

Fort  Wascopam,  Jan.  25,  1848. 
Joel  Palmer  Esq.: 

Sir.  I  hope  you  will  use  every  exertion  to  forward  provisions  to  this  place. 
We  have  only  enough  to  supply  the  men  until  the  boats  return.  I  wish  to  move 
forward,  as  we  are  doing  no  good  by  remaining  here,  and  cannot  move  until  we 
have  a  better  supply  of  provisions.  Yours  truly,  C.GILLIAM. 

I'oRT  Wascopam,  Jan.  25,  1848. 
f /is  Excellency.  Gov.  Abernethy: 

Sir.  On  reaching  the  Cascades,  I  received  a  letter  per  express  from  Maj.  Lee, 
informing  me  of  a  skirmis':  wliich  he  had  with  a  party  of  Cayuse  Indians  at  this 
place,  and  that  he  expected  an  attack  upon  the  place  daily.  I  immediately  started 
with  a  company  of  fifty  men  and  reached  here  on  the  23d.  The  main  body  arrived 
this  evening.  The  men  are  in  good  spirits  and  health,  the  horses  are  much  jaded, 
and  many  of  them  will  not  be  fit  for  service  until  they  rest  and  recruit. 

The  hostile  Indians  are  in  the  vicinity  and  frequently  seen.  Our  horse  guards 
were  driven  in  this  evening,  after  exchanging  a  shot  or  two  with  the  Indians.  I  have 
learned  that  there  is  a  party  of  the  enemy  living  on  the  Chutes  river,  who  have  a 
large  number  of  horses  and  cattle,  many  of  which  they  have  taken  from  this  place, 
and  from  the  Indians  living  near.  I  shall  leave  to-morrow  with  as  many  men  as 
can  be  mounted,  for  Chutes  river,  and  endeavor  to  obtain  possession  of  the  stock 
they  have.  They  will  probably  give  us  battle,  as  I  learn  from  the  friendly  Indians 
that  they  tell  them  that  they  wish  to  see  us  there  and  will  fight  us. 

I  wish  that  every  exertion  may  be  made  to  forward  provisions  to  this  place.  I 
am  anxious  to  take  the  field  and  proceed  to  the  enemy's  country,  as  soon  as  we 
return  from  the  expedition  to  Chutes  river.  With  the  addition  which  will  be  made 
to  the  army  when   LI.   Col.   Waters  arrives,  I  shall  he  enabled  to  proceed.     It  is 


4\l 


!]■-  I' 


M'    ■ 

yK>     ; 

?f 


'I 


IMKI.I 


liiK 


350 


brown's  political  history. 


1847 


highly  necessary  that  a  suflBcient  number  of  men  may  be  sent  to  the  Cascades  to 
protect  that  place  and  assist  in  making  the  portage  of  provisions. 

I  remain  yours,  &c. 


^W  /f^//^,T^^ 


Camp  liH  Cmrihs,  Jan.   j>^,   164S. 
Ml.   Sheldon: 

Sir.    Immediately  on  receipt  of  this,  you  will  send  fifty  men  with  provisions  and 

ammunition.     Mr.  Jennings  will  send  a  good  supply  of  provisions,  as  we  are  out. 

The  Indians  will  pilot  the  men  to  the  upper  crossingon  the  Des  Chutes  river.     The 

enemy  are  encamped  in  a  canyon  a  short  distance  above.     Maj.  L,ee  with  a  party  of 

eighteen  men  had  a  skimiisli   with  the  Indians  yesterday,  one   Indian  killed  and 

more  wounded  ;    also  one  of  our  friendly  Indians  killed.     If  \X.  Col.  Waters  has 

arrived,  he  will  take  command  of  the  party.     We  start  this  morning  for  the  place 

where  the  eneni}-  are  encamped.    We  shall  not  reach  the  place  in  time  for  any  action 

to-day,  but  are  in  hopes  of  meeting  them  to-morrow.     Forward  the  provisions  ami 

amnuinition  as  soon  as  possible.  Yours  in  haste. 

R.  WILCOX,        Adjutant. 

February  3d,  Superintendent  of  Indian  Affairs,  Joel  Palmer  and  Dr. 
Robert  Newell  as  one  of  the  commissioners,  accompanied  by  Mr.  Perin 
Whitman  ( nephew  of  Dr.  Whitman)  as  interpreter,  started  to  The 
Dalles  to  join  Maj.  Lee  in  holding  a  council  with  the  Nez  Perces  and 
neighboring  tribes  of  the  Cayuse  Indians,in  accordance  with  a  resolution 
passed  by  the  Legislature  on  that  subject.  They  bore  the  following 
letter  of  instructions  from  the  Governor  : 

Oregon  City,  Feb.  i,  1848. 

Gentlemen.  The  object  in  appointing  you  commissioners  to  treat  with  the 
Nez  Perces  and  other  tribes  of  Indians  is,  if  possible,  to  avert  a  general  war  with 
the  Indians  of  the  upper  country,  and  to  prevent  a  union  among  the  tribes  as  far 
as  possible.  To  effect  this,  every  effort  should  be  made  on  your  part,  as  far  as 
consistent  with  the  honor  of  .American  citizens.  There  are  some  requisitions  that 
must  be  complied  with  on  the  part  of  the  Indians,  and  must  be  insisted  on  by  you, 
viz.:  All  the  murderers  and  those  who  forced  the  young  women,  must  be  delivered 
up  for  puni.shment.  The  property  taken  must  be  given  up  or  an  equivalent  given; 
and  restitution  made  of  the  property  stolen  from  the  emigrants  last  year.  This  you 
cannot  ascertain,  buc  it  can  be  so  arranged  that  the  persons  who  had  property 
stolen  from  them  can  get  it  hereafter,  or  an  equivalent.  I  am  aware  the  greatest 
difficulty  will  be  in  obtaining  the  persons  of  the  murderers,  but  the  Indians  must 
be  given  to  understand  in  the  commencement  of  the  negotiations,  that  this  must 
be  done,  or  that  no  compromise  car  be  made. 

There  may  be  some  amony  those  that  are  implicated  in  tlijs  affair  around 
whom  some  palliating  circumstances  may  be  thrown  ;  these  you  will  take  into  con- 
sideration. But  the  principal  actors  should  be  executed  in  the  presence  of  all  the 
tribes.     You  will  hold  a  council  with  a  field  officer  of  the  army  and  decide  in  council 


i847 
cades  to 


1847 


PROVISIONAL  GOVERNMKNT. 


351 


^ 


164s. 

isions  ami 
e  are  out. 
ver.  The 
1  party  of 
tilled  and 
Waters  has 
the  place 
iuy  action 
isions  and 

djutant. 

r  aiul  Dr. 
Vir.  Perin 
I  to  The 
irces  and 
esolution 
oUowing 


1848. 
It  with  the 
I  war  with 
•ibes  as  far 

as  far  as 
itions  that 
on  by  you, 
e  delivered 
lent  given; 
This  you 
d  property 
le  greatest 
dians  must 

this  must 

air  around 
e  into  coD- 
e  of  all  the 
in  council 


what  steps  shall  be  taken  to  accomplish  the  most  desired  object,  the  restoration  of 
peace.  You  will  use  every  exertion  to  have  the  lives  and  j)roperty  of  our  fellow- 
citizens  that  may  hereafter  be  traveling  through  the  liuiian  country,  preserved. 
The  chiefs  are  able  to  govern  their  own  people.  Make  as  advantageous  a  treaty 
with  them  as  you  can  ;  bind  them  to  use  their  influence  to  protect  American  cit- 
izens. (.)n  your  arrival  at  The  Dalles,  you  must  be  guided  by  circumstances  as  to 
the  lime  and  place  of  meeting  the  chiefs,  but  let  runners  be  sent  among  them,  in- 
forming them  of  your  intentions  and  object.  I  have  the  honor  to  be  gentlemen, 
your  obedient  servant.  ('.K()R(iK  AHKRNKTHY, 

Itovernor  of  Otegun. 

Rev.  H.  H.  Spalding  also  sent  the  following  letter  to  the  Nl-/  Per- 
res  chiefs.  In  the  style  of  writing,  the  original  letter  is  a  curosity, 
being  in  pen  letters  as  near  printing  as  possible,  so  that  those  who 
could  read  a  printed  book  could  read  his  letter.  It  is  evident  that 
those  to  whom  it  was  .sent  were  unable  to  read  nianuscrijjt  : 

WlM..\MK'rrK,  I'-eb.  1S4S. 
.V<?~  Penes  Chiefs: — Mv  Krir..ds.  Kills,  Kansoot,  James,  Vusinmalakin, 
Luke,  Jacol),  I'ocatash,  Yamahmohnin,  Ynmtamlikin,  Timothy,  Solomon,  Ish- 
toop  toop-nin,  Tsel  soo-talet-mctum,  Joseph,  Kepop,  Apshwahaikt,  Richard  He- 
mimelsselp,  Jason,  Anatashin,  Tohtamatum,  Haposelpelp,  Metatwaptash,  and 
Noah,  quick  meet  them  :  with  these  flags  meet  them  ,with  good  liearts  meet  them  ; 
From  us,  from  the  .Americans,  five  go  to  meet  you  ;  Mr.  Palmer,  Dr.  Newell,  Mr. 
McKay,  Mr.  l,ee,  and  Mr.  Gilliam.  These  meet  you  with  good  hearts  they  meet 
you;  they  bear  a  message  (proposals,  law  or  talk),  from  the  Great  Chief  they  Ijear 
it,  therefore  they  call  you  to  meet  them.  Keep  quiet,  ye  young  men.  Do  not  go 
over  to  the  Cayuse.  Wait  till  the  commissioners  speak  clearly  to  you.  The  good 
are  not  to  be  punished ;  only  the  bad  are  to  be  punished.  The  Nez  I'erces  and  the 
Americans  are  one,  therefore  do  not  depart  from  us.  Very  many  .Americans  are  going 
to  seek  the  bad  Cayuses -the  bad  only.  There  will  soon  be  large  ships  from  Cali- 
fornia; therefore  they  offer  you  a  message,  proposals  of  peace.  They  send  you 
tobacco,  therefore  meet  them  without  delay.  My  youngest  child  is  sick,  therefore 
I  cannot  meet  you.  When  my  child  is  well,  I  will  see  you,  by  the  blessing  of  God. 
Ever  make  to  yourselves  good  hearts.  B3'  the  blessing  of  God  we  may  see  each 
other.  H.   H.  SI'ALDING. 

There  is  no  doubt  that  the  above  letter  had  great  influ.ence  for  good 
with  the  Nez  Perces  chiefs,  as  Mr.  Spalding  was  highly  esteemed  by 
them. 


The  following  was  written  by  Maj.  Lee  and  needs  no  special  ex- 
planation : 

Fort  Wascopam,  Jan.  20,  1848. 
Dkar  Sir.  Sergeant  McMillen  arrived  safely  on  the  14th  inst.,  bringing  me 
intelligence  from  the  valley  up  to  the  7th.  I  am  glad  something  is  being  done  to- 
watds  the  prosecution  of  the  war,  but  I  am  truly  sorry  that  there  has  been  so  much 
delay.  My  situation  for  the  last  week,  has  been  anything  but  desirable.  On  my 
arrival  here,  I  informed  the  Indians  that  many  others  were  just  behind  me  and 
would  be  coming  all  the  time,  and  that  this  place  would  be  occupied  by  the  "Bos- 


lil 


iii'^ 


MM    -^ 
ll       ' 

■  1 
i 
i 

Hi 

.■  1 

( 

bh 

i 

IHi 

; 

;  :          H 

!• 

!!'■-: 
■{■■'' 

ill) 


1 1 

HIM 


352 


hkovvn's  foi.iticai,  history. 


I.S47 


tons"  (/Kiinasotn.  I  Imvehecii  here  just  one  iiiDiitli  and  no  cuiupau)  yd.  Tlic  na- 
tives are  all  the  time  wishing  to  know  when  the  other  "  Hostons"  are  coming — ami 
I  have  answered  them  "  wake  siah"  till  I  am  ashatned  to  say  aj^ain.  Many  of  them 
were  at  lirst  disposed  to  be  friendly  and  keep  on  the  good  side  of  the  '  Bostons," 
who  are  now  sidinj^  with  the  enemy — thinking  no  doubt,  that  we  have  spoken 
falsely  to  them,  that  no  more  are  coming  ;  an<l  we  would  be  unable  to  defend 
ourselves  against  so  large  a  force  as  the  enemy  will  bring  against  us. 

Hearing  that  Col.  (iilliatn  was  at  the  crossing,  twenty-five  miles  below  this  place 
and  could  not  cross  (^n  account  of  high  wind,  and  at  the  same  time  being  assured 
that  a  body  of  the  Walla  Wallas,  &c.,  were  in  the  vicinity  contemplating  an  attack, 
I  was  induced  to  start  an  e.Kpress  to  induce  him  if  possiijle  to  reach  this  place  in 
time  to  pursue  them,  for  I  feared  they  might  succeed  in  breaking  the  corral  at 
night  and  running  our  horses  away,  leaving  us  as  poor  as  wc  were  on  our  arrival. 
This  express  was  entrusted  to  the  hands  of  Mr.  Olney,  who  about  y  o'clock  at  night 
on  the  17th  with  no  one  but  an  Intlian  guide,  set  out  on  horseback  for  the  crossing, 
with  orders  to  go  as  far  as  the  Cascades  falls,  if  he  did  not  meet  the  party  sooner, 
but  to  return  from  the  Cascades  whether  he  met  them  or  not.  He  returned  last 
night  at  2  o'clock  with  the  following  intelligence:  "  I  arrived  at  Fort  Gilliam' 
the  next  morning  after  I  left  you,  for  when  I  reached  the  village  at  the  crossing,  I 
learned  the  Colonel  was  not  there  :  I  took  a  canoe  and  pressed  to  the  fort  where  I 
found  only  two  men,  who  could  give  me  no  news  of  Gilliam  later  than  that  of  Ser- 
geant McMillen.  They  were  expecting  boats  with  stores  every  hour  ;  so  I  remained 
that  day  and  night,  and  there  being  no  arrival,  I  left  in  the  morning  on  my  return 
and  am  here  safe."  I  confess,  sir,  this  provokes  me  in  despite  of  all  my  philoso- 
phy. 1  feel  that  we  have  been  disappointed,  and  only  appear  as  deceivers  in  the 
estimation  of  Indians.  Yet  I  will  bear  it,  and  use  all  va.y  persuasive  powers  to  rec- 
oncile the  men  to  their  lot.  You  know  they  expected  re-inforceuients  before 
this,  and  they  feel  themselves  unjustly  detained.  For  myself,  I  have  no  thought  of 
leaving  the  place  or  of  suffering  it  to  pass  into  the  hands  of  the  enemy  as  long  as 
I  can  raise  a  hand  in  its  defence,  and  I  am  happy  to  be  assured  that  many,  a  large 
majority  of  the  First  company  are  of  the  same  spirit — and  if  our  friends  in  the 
valley  are  dra?r  enough  to  leave  us  in  our  present  situation,  after  getting  us  into  it, 
we  are  determined  to  be  generous  enough  to  battle  with  the  enemy  and  defend 
ourselves  as  long  and  as  well  as  we  can. 

We  had  one  battle,  or  rather  a  skirmish,  which  did  us  some  good  by  arousing 
us,  showing  us  the  Indian  mode  of  fighting,  and  also  showing  us  who  among  these 
treacherous  beings  are  really  friends  and  who  are  not.  There  was  no  one  killed 
on  either  side.  We  had  one  man,  Mr.  Berry,  slightly  wounded.  Being  on  foot, 
and  the  enemy  mounted,  we  were  unable  to  ascertain  the  damage  done  them,  fur- 
ther than  the  capture  of  two  of  their  horses  with  their  rigging.  Seletza  has  shown 
himself  a  true  man,  and  a  decided  friend  to  us,  and  in  doing  so,  has  suffered  the 
loss  of  all  of  his  propety  which  the  enemy  has  taken  and  run  off — he  is  with  us  and 
of  great  service.  He  has  a  gun  and  a  rifie  at  Mr.  Lummez's  shop  for  repairs  for 
which  he  has  paid  Mr.  I^ummez  a  horse — he  wants  them  very  much.  Please  send 
them. 

The  I)es  Chutes  Indians  have  joined  the  enemy  and  fought  with  them.  We 
have  since  made  a  tour  amongst  them  and  regained  several  stolen  horses,  taking 
many  others  which  we  intend  to  use  during  the  campaign,  so  that  we  are  able  to 
mount  ourselves  pretty  decently.  From  the  experience  of  one  lesson,  we  are  pretty 
well  prepared  to  meet  the  enemy  in  their  own  way  and  upon  their  own  horses,  and 

1  A  small  fort  built  at  the  Cascades. 


lil 


w 


IS47 

The  ua- 

iti)(-  and 

of  Uuiii 

iostons," 

SpoktMl 

u  (Icfeiiii 

his  pUice 
;  assured 
II  attack, 

place  in 

corral  at 
r  arrival. 
iC  at  uight 
crossiug, 
y  sooner, 
irned  last 

(iilliaru' 
rossing,  I 
t  where  I 
at  of  Ser- 
remaiued 
iiy  return 
y  philoso- 
:rs  in  the 
ers  to  rec- 
11  ts  before 
thought of 
as  long  as 
ly,  a  large 
ids  in  the 

us  into  it, 
nd  defend 

y  arousing 
long  these 
3ne  killed 
ig  on  foot, 
them,  fur- 
has  shown 
affered  the 
'ith  us  and 
repairs  for 
'lease  send 

hetn.  We 
ses,  taking 
are  able  to 
2  are  pretty 
lorses,  and 


1847 


PROVISION AI,   GOVKRNMKNT. 


353 


we  intend  to  do  it.  Mr.  Ogileii — what  sliall  I  say  of  him?  Ho  jjassod  down  in  a 
j^reat  splutter  as  usual.  Is  decidedly  opjjosfd  to  our  attempting  the  corrcclioii  nl 
tlie  Cayuses.  He  says  we  can  <lo  nothing  with  them  ;  that  all  the  tril)es  will  unite 
against  us,  ami  that  the  idea  of  sending  a  parlv  up  there  this  winter  is  the  wildest 
niilioM  hf  c'\t*r  lie.iiil  (if ;  .iml  c\rn  went  so  far  as  to  say  that  wc  had  Itetter  ixirn 
the  buildings  here  and  go  hack  to  the  valley.  It  is  possible  that  he  has  checked 
the  niovcnuuts  below?  If  so,  please  let  us  know  what  we  arc  to  de]»ciid  on,  and 
we  will  <lic  in  the  midst  of  the  enemy,  or  light  our  way  through  them  tuour  native 
land  and  K  a\e  our  brave  countrymen  in  Oregon  to  enjoy  the  rich  reward  of  their 
valor.  .Allow  me  to  tender  to  yon,  and  tliroiigh  you,  to  tny  friends,  my  lu'arty 
thanks  for  the  coiifidcnci'  they  have  placed  in  nic  and  tin-  h\y\\\  compliment  paid 
inc  in  placing  me  in  thc.vA/// Of  the  Oregon  aiiny.  I  will  do  m\'  duty  as  far  as  !  can 
know  it,  and  am  competent  to  discharge  it. 

Our  provisions  .arc  holding  out  better  than  we  expected.  I  sent  a  ])arty  to  the 
gate'  for  the  ammunition  there,  before  I  received  your  order  by  McMillen.  Or- 
dering them  to  take  nothing  but  ammunition  or  such  things  as  would  be  useful  to 
the  eiKiny  in  warfare.  Tlu-y  brought  i^owder  and  lead,  but  no  caps,  we  need  so 
much.  Ilu/./a!  Hete  llies  come!  !  While  writing,  a  party  from  the  Ouarter- 
master  lia\e  arrivi-d  for  ixials  and  repot t  Col.  C.illiam  at  the  Cascades  yesterday 
whiii  the\  lell  with  .?5o  men.  Oh,  what  a  cbauge  in  cam]).  Mr.  Jennings  sent  six 
men  for  the  boals,  and  re(|iusts  nie  to  Inrnish  enough  more  to  move  the  boats  with 
dispatch.  Soim-  of  my  comijany  wish  to  return  to  the  \;diey.  1  send  them  with 
the  boats,  viz  :  1/ient.  Ross,  on  furlough  ;  .\.  I,ytle,  .A.  Oieenleaf,  las.  l'"ields,  O. 
\V.  Westiai,  discharged.  Joined  the  lirst  company  Oregon  Riflemen,  Dec,  12,  J. 
T.  I.assater ;  Jan.  15,  II.  Carnehan,  .Alex.  McDonald,  vSam'l  bently. 

Weare  all  in  good  health,  and  at  present  in  very  line  sjjirits.  In  a  few  days 
more  we  will  lie  through  the  disasters  ofwar,  in  the  country  of  the  enemy,  and 
jjay  them  well  foi  new,  as  well  as  old  outrages  with  good  iuteiesl.  Mr,  Ogden's 
opinion  to  the  contrary  notwithstantling.  In  haste,  yours  truly. 

Gko.  Abi;nkthv,  H.  A.  G.  LliR, 

Cotn)iuiiidey-in-Chief  O.  A.  Captain  ist  Co.  ().  A\ 

The  following  letter  written  by  Cornelius   H.   Defendorff,  connui'.s- 

sary  of  the  (iist  company  coniniandeil  by  Captain  I.,ee,  gives  a  fuller 

account  of  the  battle  and  state  of  affairs  than  Capt.    L,ee  does  in  the 

preceding'  letter. 

Thk  Dai.i.ks,  Jan.  17,  1848. 
Mr.  I.OVEJGV.  Previous  to  the  reception  of  yours  of  4tli  inst.,  which  arrived 
on  the  14th,  serious  api)rehensions  were  eiitcitained,  that  the  government  of  Ore- 
gon would  do  little  or  nothing  lor  our  relief.  Hut  by  that  and  various  other  infor- 
mation which  was  received  by  the  express,  we  not  only  found  that  the  Government 
had  done  more  than  could  be  reasonably  expected,  but  also  that  the  people  of  Ore- 
gon had  not  forgotten  that  spirit  of  patriotism  which  glowed  so  warmly  and  freely 
in  the  bosoms  of  our  American  fathers  of '76.  Friend  Lovejoy,  with  such  a  spirit 
at  home,  together  with  that  which  is  manifested  in  the  field  what  is  no  less  noble— no 
less  patriotic,  our  arms  and  cfTorls  cannot  fail  to  be  crowned  with  success  and  glory  ; 
but  whilst  this  is  the  fact  so  cheering  in  its  nature,  it  is  no  less  a  fact  that  some  of 
the  severest   difliculties  will  be  its  neccssaiy  attendants.     For  when  we  glance  at 

I  Toll  gate  at  east  eii<l  of  Harlow's  roa<l  "toss  tlie  Cascade  mountains.. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


w. 


^ 


^^ 


!i 


354 


brown's  pouticaIv  history. 


1847 


our  position,  far  removed  from  the  arm  of  protection,  at  our  numbers — infant  like 
in  point  of  power,  at  our  resources,  blighted  with  an  empty  treasury  ;  at  our  credit 
dishonored  even  by  those  among  us  ;  and  then  turn  and  view  our  enemy — numer- 
ous in  number,  barbarous  in  principle,  transient  in  their  very  nature,  whose  homes 
are  unfettered  by  civilization,  with  almost  a  boundless  waste  before  them  to  qover 
their  retreats,  such  conclusions  irresistibly  force  themselves  upon  the  mind.  But 
however  this  may  be,  I  hope  and  trust  that  the  Government  of  Oregon  will  prose- 
cute with  due  vigor  and  effect  the  war  already  commenced,  by  one  vigor  and  stead- 
iness. I  mean  that  it  should  be  prosecuted  in  a  steady  and  unrelaxed  determina- 
tion, but  not  in  such  a  manner  as  would  drive  the  several  nations  into  combination 
and  retard  the  final  settlement  of  the  war. 

By  the  war  already  commenced,  1  have  reference  to  the  skirmish  that  took 
place  on  the  8tli  iiist.,  which  was  brought  on  in  the  following  manner:  On  the 
morning  of  that  day,  as  Captain  Lee  ordered  up  some  horses  to  form  a  party  of 
horsemen  for  the  purpose  of  escorting  to  this  place  the  family  of  Seletza,  an  Indian 
chief  whom  the  Cayuses  and  the  Des  Chutes  river  Indians  had  robbed;  some  Indians 
were  seen  off  in  the  east,  about  two  miles  from  this  place  herding  cattle  and  horses 
for  the  purpose  of  driving  thetn  oflf.  A  short  time  after  this  was  discovered.  Bar- 
low and  Bosworth,  forming  an  idea  that  our  party  would  soi)n  follow  and  overtake 
them,  proceeded  thither.  They  had  l)ecn  gone  but  a  short  time  when  serious  ap- 
prehensions were  entertained  in  camp  of  their  being  cut  off.  Capt.  Lee  immedi- 
ately with  some  five  or  six  horsemen  went  to  their  relief,  and  they  no  sooner 
arrived  o!i  the  ground,  than  the  natives  opened  fire  upon  them.  Soon  after  ten 
more  of  our  men  went  on  foot  to  their  rescue,  by  this  time  the  engagement  was 
fairly  commenced,  but  owing  to  the  great  distance  that  intervened  between  the  In- 
dians and  our  men,  taking  up  the  mode  of  Indian  warfare,  they  fired  to  little  or  no 
purpose.  After  a  continuation  of  about  two  hours,  the  engagement  ceased^in  the 
retreat  of  the  natives.  During  the  engagement,  Mr.  Berry,  of  Oregon  City  was  shot 
in  the  leg,  and  it  was  supposed  that  one  of  the  Indians,  together  with  several  horses, 
were  severely  wounded.  The  parties  to  this  action  were  about  sixteen  Americans 
against  twenty-three  Indians,  eight  of  whom  were  Cayuses.  On  the  morning  of 
the  next  day,  another  party  made  an  attempt  to  rescue  the  family  of  Seletza.  They 
proceeded  until  they  were  nearly  at  the  place,  when  the  beheld  at  a  distance  a  band  of 
liorses,  which  they  proposed  to  drive  in.  They  did  accordingly  and  brought  in 
.soni"  fifty  or  sixty  horses.  This  to  us  was  quite  rich  booty,  for  up  to  this  time,  we 
could  not  with  our  best  exertion  raise  scarcely  more  than  eigl'.t  or  ten  horses. 

The  third  day,  a  party  of  25  men  again  started  out  and  brought  in  Seletza, 
family  and  people,  who  remain  with  us  at  present.  It  appears  from  the  best  ac- 
count that  I  can  gather,  that  this  man  was  robbed  of  property  amounting  to  about 
|i,ocx),  for  no  other  provocation  than  that  he  was  friendly  to  the  Americans  and 
endeavored  to  prevail  upon  his  people  to  restore  to  the  iiiimigratits  the  property 
that  they  had  pilfered  from  them.  He  has  been  of  considerable  service  to  the  gov- 
ernment, he  may  be  still  more  so,  and  I  do  sincerely  hope,  whatever  may  be  the 
result  of  this  war,  that  the  government  will  appreciate  his  services  according  to  its 
merits.  Since  then,  nothing  of  note  has  transpired,  save  the  reception  of  vague 
Indian  reports,  stating  at  one  time,  that  the  Spokanes,  the  Walla  Wallas  and  the 
Nez  Perces  had  joined  the  Cayuses  ;  and  at  other  limes,  that  the  Cayuses  did  not 
wish  to  enter  into  ho.stilities  with  the  whites,  but  were  willing  to  deliver  up  the 
perpetrators  of  the  murder    of  Dr.  Whitman  and  family. 

I'ntil  this  evening  when  vSeletza's  spy  returned  and  reported  that  there  was  a 
large  body  of  Indians  collected  on  this  side  of  the  river  (  Des  Chutes),  who  from 


^^'i 


1847 

-infaut  like 
at  our  credit 
luy — nunier- 
vliose  homes 
icm  to  qover 
miufl.  But 
1  will  prose- 
or  and  stcad- 

I  determiua- 
coiiibinatiou 

ih  that  took 
ler  :     On  the 
m  a  party  of 
za,  an  Indian 
iome  Indians 
le  and  horses 
covered,  Bar- 
and  overtake 
n  serious  ap- 
Lee  immedi- 
;y  no  sooner 
>on  after  ten 
[aj^einent  was 
Lween  the  In- 
to little  or  no 
ceasedKin  the 
City  was  shot 
everal  horses, 
Eu  Americans 
e  morning  of 
sletza.     They 
auce  a  band  of 
d  brought  in 
this  time,  we 

II  horses. 

lit  in  Seletza, 
1  the  best  ac- 
iting  to  about 
Lincricans  and 
i  the  property 
ice  to  the  gov- 
?r  may  be  the 
:cording  to  its 
ition  of  vague 
V alias  and  the 
ayuses  did  not 
deliver  up  the 

at  there  was  a 
tes),  who  from 


1847 


PROVISIONAL  GOVERNMENT. 


355 


all  appearances  intended  to  make  an  attack  upon  this  place  to-night.  We  accord- 
ingly made  all  arrangements,  and  Capt.  Lee,  in  the  meanwhile,  sent  an  express  to 
Col.  Gilliam  for  the  purpose  of  notifying  him  of  our  situation.  Thus  prepared, 
we  silently  but  calmly  awaited  their  appearance.  That  night  has  passed,  and  still 
another,  yet  the  enemy,  though  they  were  reported  in  our  vicinity  last  night,  have 
not  made  their  appearance.  This  morning  an  Indian  from  the  Indian  village  near 
Mr.  Barlow's  camp,  brought  in  a  horse  belonging  to  Mr.  Hinman.  He  says  that 
Voluptutic,  the  Indian  chief  in  whose  safe  keeping  the  immigrants  gave  their 
property,  is  quite  anxious  that  it  should  be  taken  away.  This  anxiety  I  suppose  is 
caused  not  only  from  an  apprehension  that  the  wagons  would  be  robbed  and  the 
cattle  and  horses  driven  away,  but  also  that  he  would  endanger  his  own  life  if  he 
kept  them  in  his  possession  any  longer.  For  when  our  party  was  there  some  three 
weeks  ago,  for  the  purpose  of  bringing  off  the  ammunition  that  was  left,  he  then 
was  compelled  to  distribute  his  family  at  night  in  the  wagons  to  prevent  them  from 
being  pilfered,  and  in  fact  was  shot  at  at  one  time  in  the  very  act  of  defending  them. 
Then  I  suppose  Col.  Gilliam  ho  ( as  a  small  squad  of  men  who  came  up  this 
morning,  informed  us  was  in  our  vicinity,  and  would  be  here  in  a  short  time )  will 
bring  them  in  when  he  arrives,  while  his  men  and  horses  are  recruiting.  The 
same  Indian  further- states  that  there  are  three  parties  of  the  Cayuscs,  of  which 
one  party  are  belligerent.  Whether  this  is  so  or  not  you  are  as  capable  of  judging 
as  I  am,  but  if  so,  prudent  measures  ought  to  be  adopted  so  as  not  to  force  the  in- 
nocent into  the  same  calamity  with  the  guilty. 


0*^^ 


Iraniedintely  upon  the  receipt  of  Captain  Lee's  letter  in  regard  to 

the  skirmish  that  he  had  had  at  The  Dalles,  Gov.  Abernethy  sent  the 

following  to  Col.  Gilliam  : 

Orroon  City,  Jan.  28,  1848. 
Sir.  I  received  a  dispatch  from  Maj.  Lee  under  date  of  2otli  inst.,  in  which 
he  informs  me  that  he  had  had  a  skirmish  with  a  small  party  of  Indians.  On  re- 
ceipt of  this,  you  will  select  some  of  your  best  men  and  horses  and  scour  the  Des 
Chutes  river  country  if  you  have  an  idea  that  Indians  hostile  to  whites  are  in  that 
neighborhood.  It  will  require  great  caution  on  your  part  as  commander  in-chief 
in  the  field  to  distinguish  between  friends  and  foes.  However,  when  you  are  cer- 
tain that  they  are  enemies,  let  them  know  the  Americans  are  not  zvomeii.  The 
9-pounder  has  been  forwarded  to  the  Cascades.  If  the  Indians  fortify  themselves,  it 
will  be  of  great  .service  to  you.  You  will  make  The  Dalles  headquarters  until  fur- 
ther orders.  Companies  are  still  being  formed  throughout  the  country,  and  will 
be  forwarded  on  to  join  you  at  The  Dalles  as  they  come  in.  Perhaps  the  hostile 
Indians  may  come  down  to  meet  you,  give  them  liberty  to  get  as  close  as  you 
think  they  will  venture  before  you  commence  operations.  If  you  think  there  is 
any  danger  of  a  party  of  Indians  attacking  Fort  Gilliam  at  the  Cascades,  send  as 
many  men  to  protect  it  as  you  think  will  be  be  necessary. 

I  remain  yours  truly. 
To  Cou.  C.  Gii.MAM,  GEO.  ABERNRTHV, 

ist  Keg.  O.  /*.,   The  Dalles.        Goik  of  Oregon  and  Commander  in-Chief . 

I  Cornelius  H.  Dcffeiulorl'  cniiie  toO.-egoii  in  1847  from  one  of  the  Kastern  Slates.  Ue  was  a 
lawyer  liy  profession  anil  was  ^aininK  (-'onsiderable  practice.  Wlien  the  first  conii)any  was  raised, 
he  was  ap|)oiiUe(l  commissary,  and  returned  to  Oregon  City  about  March  1,  1H48,  andfeeliug  unwell 
tooVc  by  mistake  an  Qverdose  of  tinctnre  o<  opii  and  was  found  dead  by  his  bed. 


\-\ 


U  ■  ! 


.'  .     il' 

f 

\  ■    •  'i 

1                i  '     ;■ 

Ml 

356 


brown's  poutical  history. 


1847 


1    : 


n< 


The  Spectator  oi  Feb,  10,  1848,  at  the  head  of  its  war  news  has 
this  to  say  .  "  The  thunders  of  war  have  commenced?  Let  them  he 
continued  until  American  property,  and  American  ijkk  shall  l)esECURK 
upon  Awen'cnn  soiJ."  "  Maj.  Lee  had  learned,  that  three  Indians 
were  killed  in  the  engagement  of  Jan.  8."  "Lieut.  Ro.ss  who  was  in 
the  above  engagement,  states  that  the  Indians  succeeded  in  driving  off 
300  head  of  cattle  left  at  The  Dalles  owned  by  the  mission  and  immi- 
grants." 

The  following  report  of  Col.  Gilliam  described  the  first  pitched 
battle  with  the  Indians,  and  taught  them  that  Americans  were  not  wo- 
men an  they  had"  been  told  by  some  of  the  Hudson's  Bay  Company 
servants. 

I'oKT  Wascopam,  l"eb.  7,  1848. 
Ai//.  (-en.  I.ovejoy  : 

I  arrived  at  this  place  on  the  23(1  ult.,  with  fifty  men,  pushed  with  that  iiuui- 
her  from  the  Cascailes  falls  to  the  relief  of  this  ])lace.  The  rej^iinent  in  care  of 
Capt.  Mall  came  up  on  evening  of  the  25111.  Learning  that  a  number  of  Des 
Chutes  Indians  who  had  proven  themselves  hostile,  were  encamped  with  their 
stock  a  short  distance  up  that  river,  on  the  morning  of  the  27th  I  took  about 
130  of  the  best  mounted  men,  proceeded  to  the  mouth  ol"  that  river,  an<l  crosse<l; 
ascended  the  eastern  bank  several  miles,  found  the  villages  all  deserted  and  no 
fresh  sign.  On  the  morning  of  the  2.Sth  I  st-nt  out  Maj.  I,ee  with  a  <letacliment 
of  twenty  men  to  proceed  up  the  river  and  ascertain  whether  the  Indians  were 
there,  and  report  to  nie  the  same  night.  About  12  o'clock  that  night  Maj.  Lee 
presented  me  the  following  : 

"Coi,.  ('rii,i,rAM.  We  proceeded  this  morning  up  the  river  some  twenty 
miles,  when  we  discoveretl  a  considerable  paity  of  Indians  with  their  families,  re- 
moving across  the  plains,  and  evidently  to  station  themselves  higher  upon  the 
canyon.  We  charged  upon  them,  killed  one,  took  two  (fenuiles)  jjrisoners  and 
several  horses,  the  rest  escaped  into  the  canyc^n  which  was  close  by.  i^xpecling 
a  large  war  party  out  immediately,  we  hastened  towards  camj)  with  the  prisoners, 
but  had  not  proceeded  far,  when  I  discovered  a  large  party  of  mounted  Indians, 
making  afti'r  us  with  all  possible  si)eed.  We  rode  down  into  a  small  canyon, 
turned  our  horses  loose  below  us,  and  prejiared  for  battle.  The  Indians  were  by 
this  time  all  aroun<l  us  on  the  bills  tumbling  down  huge  stones  in  our  midst  and 
annoying  us  much  with  their  savage  yells,  some  with  their  arms.  We  were 
fighting  some  two  or  three  hours,  killed  and  woumled,  I  suppose,  some  six  or  eight, 
as  they  took  care  to  keep  at  a  resjiectful  distance.  They  drew  no  blood  from 
us,  and  got  only  in  return  for  their  loss,  their  horses  which  we  had  taken,  with 
four  or  fivi'  of  ours  that  went  out  with  them  unperceived  through  a  small  canyon 
during  the  engagement.  We  have  all  returned  safe,  though  much  fatigued.  Ac- 
cept this  as  a  reason  for  the  imperfect  sketch  of  the  day's  doings.     H.  A.  G.  JJ^H." 

Convinced  that  there  were  Indians  there,  on  the  morning  of  the  29th  I  pro- 
ceeded up  to  the  vicinity  of  the  large  canyon,  at  the  Meek's  crossing,  when  on 
Sunday  umrning  the  3()th,  about  10  o'clock,  A.  M.,  as  we  entered  the  mouth  of  the 
canyon,  the  Indians  appeared  on  the  hills  immediately  above  drawn  up  in  order  of 
battle  to  about  our  own  number.    I  ordered  the  horses  to  a  .safe  poigt,  left  theiu  with 


1847 

news  has 
!t  them  be 
l)esECUUK 
;e  Indians 
,rho  was  ill 
driving  off 
and  inimi- 

st  pitched 

re  not  wo- 

Company 

7,   i«4«. 

h  that  mnii 
lit  in  care  ol 
IllltT  ol'  Des 
(I  with  their 
I  tofjk  ahoul 
and  crossed; 
it-rted  and  no 
I  ditaclinieiil 
iidiaus  were 
ght  Maj.  Lee 

some  twenty 
r  rauiihes.re- 
jher  upon  the 
j)ris(iners  ami 
.  Uxpecting 
Iht- prisoners, 
iited  Indians, 
mall  canyon, 
liaiis  were  l>y 
»ur  midst  and 
IS.  We  were 
e  six  or  ei>(ht, 
0  hlootl  from 
(I  taken,  with 
small  canyon 
atigued.  Ac- 
.  A.G.  LKK." 

le  29th  I  pro- 
iing,  when  on 
:  mouth  of  the 
up  in  order  of 
left  them  with 


1847 


PROVISIONAL   OOVKRNMENT. 


357 


a  strong  guard,  and  gave  directions  as  to  the  order  of  attack.  The  Lieut.  Col.  was 
ab.seiit.  The  Major,  and  each  of  the  Captains  took  the  respective  points  assigned 
them,  with  firmness  and  speed,  and  acquitted  themselves  well.  In  an  hour  we 
were  all  at  the  top  of  the  hill,  and  the  enemy  fleeing  before  us.  I  ordered  up  the 
hor.ses,  we  charged  upon  them;  they  fled  like  wolves  and  scattered  among  the  hills 
and  canyons.  The  men  ail  acted  i>vavely;  the  only  difllculty  is  in  keeping  them 
back.  I  cannot  tell  the  number  we  killed  {  as  th.ey  removed  them  as  fast  as  they 
were  shot),  but  from  their  reports  siiuv,  it  must  have  been  some  twenty  or  thirty 
killed  and  wounded.  We  lost  not  a  man.  One  (a  Spaniard)  was  slightly  wounded 
in  the  hip.  We  chased  them  up  the  river  till  I  became  convinced  we  could  not 
overtake  them  this  .side  of  Klamath  lake.  So  after  burning  up  and  destroying  all 
their  movable  property  and  provisions  I  could  find,  we  returned  to  this  place,  at 
which  we  arriv<Ml  yesterday,  bringing  with  us  some  forty  head  of  their  horses, 
four  head  of  cattle,  and  aboutf.vx)  worth  of  personal  property,  all  of  wliich  I  have 
had  .sold  off  to-day,  the  proceeds  amounting  to  about  $1,400,  which  is  placed  in 
the  hands  of  the  Paymaster  Maj.  Magone,  and  is  appropriated  to  the  pay  of  the 
regiment.  This  course  is  perhaps  objectionable  but  seemed  l)est  under  the  cir- 
cumstances. 

The  Cayuses  came  down  in  our  absence,  killed  two  of  our  men  who  were 
guarding  horses,  ("Jackson  and  Pack  wood),  drove  off  a  few  cattle  and  were  gone 
before  we  returned.  A  detachment  bringing  us  out  fresh  provisions,  awkwardly 
shot  Mr.  McDonald,  while  on  guard.  He  has  .since  died.  Those  three  are  all  we 
have  yet  lost.  Mr.  Hrown,  ist  Lieut,  of  5th  company,  died  at  Vancouver  a  few 
days  since. '  I  understand  that  McKay  and  others  are  coming  up  to  assist  us,  send 
them  on  !  Send  all  that  want  to  come.  Had  I  a  thousand  men,  I  coulil  settle  the 
matter  with  less  time  and  expense.  I  have  the  liorses  on  good  grass  recruiting, 
and  am  anxious  to  proceed  as  soon  as  possible.  The  signs  of  the  times  are  un- 
changed above.  A  few  discreet  commissioners  with  tlie  proper  corresponding 
prudence  may  yet  leave  the  Cayuses  alone.  Diligence  ami  precaution  are  the  life 
of  success.  Yours,  C.  GILLIAM, 

Col.  I.St.  Reg't.  O.  R. 

The  following  letter,  although  not  ih.serted  in  correct  position  as  to 
date  will  throw  considerable  light  upon  the  condition  of  affairs.  It 
contains  evidence  as  to  Mr.  Ogden's  remarks  at  The  Dalles  when  re- 
turning to  the  valley  with  the  rescued  captives.  It  seems  that  he  im- 
bibed .some  of  McBean's  cowardice  and  predicted  dire  calamity  to  all 
Americans  who  attempted  to  enter  the  Cayuse  country.  Another  cause 
of  Mr.  Ogden's  nervousness,  was  the  wish  of  the  Catholic  priests  that 
no  armed  men  should  invade  the  country,  but  make  a  treaty  with  the 
Cayuses,  on  the  assurance  that  they  would  not  kill  any  more  Ameri- 
cans, provided  they  did  not  invade  their  territory,  and  thus  burying 
past  injuries. 


Wt 

f'll 

III 

;  :    j 

1 

:   1 

1; 

'  1 

f    ■ 


I  I.ieiitetiaiit  Jiiints  A.  Drown  came  to  Oregon  in  1S46  ;  tlie  next  year  lie  started  to  return  east 
but  meeting  friends  returned.  On  the  organization  of  Captain  Philip  K.  Thompson'.s  comoany,  he 
was  elected  ist  Lieutenant.  He  met  with  an  accident  and  die<i  at  the  residence  of  Mr.  Swizler  op- 
posite Vancouver,  January  24,  1S48,  aged  24  years.    He  was  very  popular. 


i 


:-'i 


I ' 


-I 


35H 


brown's  political  history. 


1847 


Fort  Wascopam,  Feb.  8,   1S4H. 
Gov.  Abernethy  : 

Dear  Sir.  I  received  yours  of  27th  ult.,  yesterday,  on  uiy  return  from  a 
campaign  against  the  Des  Chutes  river  Indians,  the  particulars  of  which  you  will 
learn  from  the  Colonel's  report,  and  I  am  quite  happy  to  be  relieved  from  the  duty 
of  making  official  reports  of  the  proceedings  of  the  army,  for  I  am  aware  that  you 
cannot  make  a  proper  allowance  for  imperfections,  without  a  knowledge  of  the 
disadvantages  under  which  I  labor.  I  hope  you  will  not  expose  any  more  of  my 
productions  to  public  view  and  criticism  ;  especially  such  as  are  communicated 
without  the  least  idea  of  ever  seeing  them  in  public  print.  The  present  \s  priTotr 
and  confidential ,  and  although  it  is  on  some  injportant  matters,  it  is  encumbcrd  with 
all  the  disadvantages  you  can  well  imagine.  I  have  been  compelled  to  delay  my  own 
business  till  the  last  moment,  in  order  to  attend  to  that  of  every  one  else  first,  and 
now  write  in  the  midst  of  a  crowded  room  all  talking,  laughing,  calling  on  me 
for  information,  explanation,  interpretation,  and  more  than  you  can  think  of,  non- 
sensical. 

First — I  have  availed  myself  of  every  opportunity  to  conimimicate  to  the  In- 
dians a  correct  knowledge  of  our  wishes.  I  have  told  them  from  the  .irst  that 
we  wished  to  remain  friendly  with  all  except  those  actually  engaged  in  the  mur- 
ders, but  that  our  hearts  would  never  be  good  till  they  were  punished,  and  that 
those  aroutul  us  who  had  stolen  goods  from  us,  must  return  them  or  make  restitu- 
tion, or  we  would  punish  them  as  they  deserved.  That  we  had  been  slow  to  get 
mad,  had  T)orne  n)uch  from  them,  because  we  loved  them  and  wished  to  make 
them  like  us  ;  but  when  we  began  to  fight,  we  never  fjuit  till  our  enemies  are  p11 
dead.  That  we  were  very  numerous  in  our  own  country — like  the  trees  on  the 
mountains — and  that  we  will  never  be  done  coming.  That  we  understand  the 
distinction  of  different  tribes,  and  do  not  include  any  other  with  the  Cayuses,  un- 
less they  join  with  them  to  fight  against  us,  then  we  make  no  distinction.  All 
this  I  have  sent,  or  endeavored  to  send  to  Pe-pe-mox-mox  (  Walla  Walla  chief). 
Tauhatuz,  whom  the  surrounding  tribes  acknowledge  as  the  head  chief  of  the 
Cayuses,  and  who  has  been  reported  to  me  as  being  opposed  to  the  massacre, 
and  saying  :  "  If  the  Bostons  come  to  fight  them,  he  would  not  raise  his  gun, 
but  would  sit  in  his  house,  and  if  they  would,  they  might  kill  him  without  resist- 
ance." Also  the  three  chiefs  on  the  north  side  of  the  Columbia  river,  known  as 
the  Skalorre  Indians,  who  refused  to  join  the  war  party  of  the  Cayuses,  when  they 
on"ered  them  horses  taken  from  Seletza  and  the  emigrants,  and  finally  to  V'olup- 
tuteek  ;  whom  I  am  sorry  to  believe  has  joined  the  war  party,  perhaps  through 
fear  or  compulsion.  On  receipt  of  your  letter  in  reference  to  the  goods  left  with 
them,  my  situation  did  not  ju,stify  me  in  sending  a  party  for  the  goods  till  re-en- 
forcements arrived,  which  indeed  were  headed  by  the  Colonel  himself,  to  whom 
I  made  known  the  contents  of  yours  and  Mr.  Whitcomb's  letters  ,  aKso  the  fact 
that  the  chief  himself  had  sent  a  request  to  me  to  come  and  take  the  goods  away 
and  relieve  him  of  his  charge  ,  and  then  left  the  Colonel  to  take  his  own  course  in 
the  matter.  No  party  has  been  sent  and  we  have  reasons  to  believe  that  the  goods 
have  been  given  up  to  the  enemy. 

Second. — Your  express  is  here,  and  I  cannot  inform  you  when  he  will  leave 
where  he  will  go.     Third. — I  have  no  news  of  the  W.»S.  men. 

Fourth. — In  the  skirmish  I  first  had  with  the  Indians,  there  were  eight  Cay- 
uses. Pvdward  Tolouquott  at  their  head — all  young  men — the  balance  were  the 
Indians  along  the  Columbia  and  Des  Chutes  river.  Fifth.  On  my  arrival  at  this 
place  in  company  with  Mr.  Hinman,  I  ordered  Luxella  with  whom  the  cattle  had 


^rfi 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


359 


8,   1848. 

turn  from  a 
ich  yon  will 
rotii  the  duty 
are  that  you 
ledge  of  the 
more  of  my 
mmunicatefl 
■nt  is/m'rt/r 
uniberd  with 
elay  my  owu 
;lse  first,  and 
ailing  on  n>e 
hink  of,  non- 

ite  to  the  In- 
the  nrst  that 

in  the  mur- 
ed, and  that 
make  restitu- 
n  slow  to  get 
hed  to  make 
lemies  are  pU 

trees  on  the 
iderstand  the 
Cayuses,  un- 
;inction.  All 
^Valla  chief). 

chief  of  the 
he  massacre, 
raise  his  gun, 
kfithout  resist- 
er,  known  as 
es,  when  they 
illy  lo  Volup- 
haps  through 
3ods  left  with 
ods  till  re-en- 
5elf,  to  whom 

also  the  fact 
e  goods  away 
own  course  in 
that  the  goods 

he  will  leave 

re  eight  Cay- 
ance  were  the 
arrival  at  this 
the  cattle  had 


been  left,  to  bring  them  all  in  to  me  that  1  miglrl  place  them  in  the  bottom  below 
the  mission  so  that  they  might  be  in  less  danger  cf  being  run  off;  250  were  brought 
in  and  the  balance  of  the  450  which  Mr.  Hinman  said  had  been  left  lure  I  have 
never  seen.  They  were  .said  to  have  been  driven  ofTby  the  Indians.  Those  <lriven 
off  on  the  day  of  the  skirmish,  were  taken  from  I.uxella  who  was  bringing  them  in. 
They  <lid  not  exceed  eighty  head,  exclu.sive  of  his  own  which  the  warriorsallowed 
him  to  drive  in.  Of  the  nineteen  or  twenty  horses  left  by  Mr.  I!,iinian,only  nine 
could  be  found  when  1  arrived,  none  of  which  were  fit  for  use.  The  number  taken 
from  the  enemy  previous  to  the  Colonel's  arrival,  was  about  sixty,  twenty  of  which 
might  have  been  u.sed.  Since  his  arrival,  about  fifty  have  been  taken,  nearly  all 
wild  mares  and  colt?;. 

On  the  Colonel's  arrival,  I  gave  up  charge  of  the  place  and  all  to  him,  and 
felt  my.self  relieved  from  a  charge  that  had  cost  me  many  anxious  days  an<l  nights. 
I  requested,  and  he  promised  me  that  my  men  should  fir.st  be  moimted  and  then 
.some  disposition  made  of  the  remainder  of  the  hor.ies;  but  on  our  return  from  the 
late  compaign,  I  was  called  on  by  the  Colonel  to  cry  the  sale  of  the  horses.  I 
obeyed  and  found  on  entering  the  corral  that  every  horse  fit  for  immediate  u.se 
was  mi.ssing.  I  proceeded  to  sell  as  they  were  pointed  out  by  Col.  (iilliam  on  the 
following  terms  :  "  The  purchaser  charged  with  the  amount  if  it  did  not  exceed 
his  wages,  if  it  did,  give  bond  and  security."  Upon  these  terms,  I  .sold  forty-four 
head,  amounting  to  som<!thing  over  $900.  These  not  being  fit  for  use  at  present, 
were  bought  by  the  re-inforcement,  leaving  my  old  company  still  afoot,  in  conse- 
(luence  of  which  I  have  written  a  number  of  discharges.  The  best  horses  having 
been  given  to  tliose  who  wished  or  needed  them.  The  Colonel  gave  me  a  2-year 
colt  for  my  extra  services  in  hunting  them  up  and  getting  them  in  ;  and  I  pur- 
chased two  othersat  high  prices,  neither  of  which  can  be  used  at  present,  but  will 
in  a  short  time  answer  some  purpose.  The  loi's  of  many  of  my  company  who  have 
been  so  long  with  me  in  hours  of  danger  and  strife,  and  have  proven  them.selves 
worthy  of  trust  under  all  circumstances,  throws  a  chilling  damper  on  my  feelings. 

Mr.  Ogden,  or  whoever  says  I  was  mistaken  as  to  Mr.  O's.  I'emarks,  whether 
it  be  Mr.  Canfield,  or  Mr.  Sorie-one-else,  is  himself  either  grossly  mistaken  or 
guilty  of  willful  misstatement.  The  remarks  were  made  in  the  presence  of  Messrs. 
Craig  and  Spalding,  and  I  think  they  will  bear  witness  to  the  correctness  of  ni}' 
statement.  That  he  could  not  have  meant  my  company  of  fifty  men  is  evident 
from  the  fact  that  I  told  him  I  was  ordered  to  this  place  only.  I  hope  you  will 
not  be  at  all  uneasy  on  the  subject  of  my  feelings  towards  the  gentleman  in  ques- 
tion or  any  of  the  Hudson's  Bay  Company.  You  are  aware  that  I  have  ever  en- 
tertained and  labored  to  diffuse  amongst  my  countrymen,  a  spirit  of  friendship 
towards  the  H.  B.  C,  because  I  believed  it  to  be  advantageous,  if  not  essential  to 
the  peace  and  prosperity  of  our  country.  From  a  stand  so  long  and  so  publicly 
maintained,  Ishall  not  be  easilydriven, nor  will  I,  for  trival  reasons,  abandon  feel- 
ings .so  long  entertained  and  so  congenial  to  my  nature.  Yet,  the  very  motive  from 
which  I  have  been  induced  to  advocate  a  friendly  union  of  the  two  parties,  would 
lead  us  to  labor  quite  as  diligently  to  sever  that  union  whenever  I  shall  be  con- 
vinced that  it  is  no  longer  conducive  to  the  welfare  of  the  country.  And  now  for 
more  important  matters. 

You  speak  of  Gen.  Palmer's  coming  up  to  treat  with  the  friendly  Indians. 
This  is  highly  gratifying  to  me.  I  hope  he  will  arrive  in  time,  but  I  feur  he  nuiy 
be  too  late.  Col.  Gilliam,  I  think  intends  taking  up  the  line  of  march  for  Waii- 
latpu  in  two  or  three  days,  and  I  am  satisfied  that  marching  the  army  to  that 
place  without  previous  interview  with  the  Nez  Perces,  would  involve  us  in  a  gen- 


t    i 


m 


T'.' 


T 


360 


brown's    political   HIvSTORY. 


1847 


eral  war  with  all  the  tribes,  which  would  be  a  most  unfortunate  occurrence  for  us. 
I  have  long  since  asked  the  Colonel  to  allow  uie  to  take  Mr.  Craij^  as  interpreter 
and  go  to  .see  them  before  the  army  moved  that  way,  that  they  might  be  assured 
of  the  object  of  our  movements,  and  of  our  wish  to  preserve  friendly  relations 
with  them  ;  but  he  has  not  yet  consented.  I  will  now  endeavor  to  keep  him  here 
till  (ien.  Palmer  arrives,  but  if  the  General  is  slow,  I  fear  my  efforts  will  be  in 
vain.  I  consider  our  relations  with  the  Indians  far  more  critical  to-day  than  il 
ever  wa.s,  and  every  moment  is  full  of  importance.  The  operations  of  a  .single 
hour  may  fix  our  doom  for  weal  or  woe.  I  have  not  had  time  toconverse  privately 
with  l<t.  Col.  Waters  and  learn  his  views.  So  fully  convinced  am  I  of  the  impropriety 
of  moving  the  army  above,  !)cfore  the  surrounding  tribes  have  been  visited  by  a 
mes.'ienger  of  peace  as  they  have  requesteil,  that,  should  that  course  be  taken,  I 
shall  be  compelled  to  retire  from  the  field  and  seek  in  .some  other  (juarter  a  (juiel 
home. 

Allow  me  to  mention  Seletza.  He  is  still  with  us  and  wishes  to  remain  with 
us  until  the  war  is  over.  I  am  not  now  afraid  to  risk  my  life  with  him  itidividu 
ally,  but  as  an  officer,  I  can  risk  nothing  with  him,  unless  my  judgment  coinciiUd 
with  his  suggestions.  During  our  late  ab.sence,  the  cattle  which  he  had  brought 
to  this  place,  twelve  head,  were  run  off  by  the  enemy,  sf)  that  now  he  is  entirely 
.stripped  of  everything.  The  Colonel  does  not  like  him,  and  he  looks  to  me  for 
protection  which  I  am  bound  to  afford  him  as  far  as  I  can,  for  I  have  been  the 
cause  of  his  taking  the  stand  he  has,  by  which  he  has  forfeited  his  life  with  the 
enemy,  so  that  should  we  drop  him  now,  he  could  not  long  survive  ;  and  to  see 
him  abandoned  to  the  vengeance  of  hisenraged  ]H'ople  would  wcmnd  me  most  deeply. 
At  soine  future  time  I  will  give  you  a  schedule  of  his  i»topertv  he  has  lost,  so  thai 
should  I  leave  the  arni3' or  fall  in  battle,  there  may  be  some  Iiojh'  left  for  him. 
His  conduct  has  been  so  honorable  and  manly,  that  I  cannot  but  regard  nivi  as  a 
friend  worthy  of  my  esteem,  and  I  believe  all  who  have  been  with  me  rej.  ird  him 
as  I  do.  Mr.  Winston  joined  the  first  company — his  name  was  omitted  through 
mistake,  he  is  now  Orderly  Sergeant  of  that  company. 

Once  more,  and  I  think  you  will  give  me  credit  for  sufficient  ^rt;7/V«/rt;7Vv  for 
once  at  least.  There  are  plenty  of  horses  in  the  vicinity,  upon  which  we  have  .some 
claim,  but  where  they  are  or  who  will  get  them.  I  know  not;  I  will  buy  one  from  .some 
friendly  Indian  to-morrow,  if  I  can,  for  my  own  use  in  the  war,  and  as  nearly  all 
those  who  came  with  me  are  now  discharged,  I  think  you  need  not  troulile  your- 
self or  the  General  about  horses  for  the  sj^ecial  use  of  the  ist  Co.,  O.  R.  I'or  the 
regiment,  the  Colonel  can  speak  him.self.  Yet  I  thank  you  sincerely  for  the  in- 
terest you  have  taken  in  the  First  Company.  Captain  Officer  arrived  this  evening 
with  six  men,  Capt.  Maxon's  company  is  now  very  large  and  important  in  the 
service,  being  thoroughly  efficient.  Should  this  reach  you  before  Gen.  Palmer 
leaves,  you  will  oblige  me  by  tendering  to  him  my  nio.st  humble  acknowledgements 
for  the  polite  and  gentlemanly  allusion  to  me  in  his  letter  to  Mr.  Deffendorf.  I 
never  was  troubled  about  the  duties  of  the  issuing  commissary,  but  the  manner. 
T.  McKay  is  said  to  be  near  this  place,  the  number  of  men  unknown.  We  need 
military  talent  more  than  men.  Your  obedient  .servant. 

His  Excellency,  Gov.  Abernethy.  H.  A.  G.  LKH. 


Major  Lee  sent  the  following  wise  snggestions  to  Governor^  Aber- 
nethy in  regard  to  protecting  the  southern  portion  of  the  Willamette 
valley.     Its  wisdom  was  demonstrated  by  the  battle  of  Abiqua,  which 


TTn 


. 


1847 

eiice  for  lis. 

I  iiiterpretiT 

t  be  iissurt<l 

lly  relations 

cp  him  hcrt' 

s  will   l)c  ill 

(lay  than  it 

of  a  sin^jlc 

rse  privately 

impropriety 

visited  by  a 

be  taken,   I 

irter  a  (juiel 

remain  with 
ini  indiviilu 
It  coinoiileil 
had  bron^^ht 
L'  is  entirely 
ks  to  me  for 
live  l)een  the 
life  with  the 
and  to  see 
mostdeiply. 
lost,  so  tlial 
eft  for  him. 
iird  iiImi  us  a 
L'  rej.'ird  him 
tted  thronj^li 

ticulaiiiv  for 
ve  liave  .some 
lie  from  some 

as  nearly  all 
trouble  youi- 

R.  For  the 
ly  for  the  in- 

this  eveiiiiiK 
irtant  in  the 
Gen.  Palmer 
wledjjements 
leffendorf.     I 

the  manner, 
n.     We  need 

.  G.  LIvK. 

rnor^  Aber- 
Willamette 
qua,  which 


1847 


PROVISIONAL  GOVKRNMENT 


361 


wa.s  fought  aiul  won  by  a  hastily  collected  body  of  citizens  on  March 

6th,  or  a  little  le.s.s  than  a  month   after  the  following  was  written.    An 

account  of  the  battle  will  be  given  in  its  proper  place. 

Wascopam,   Pel).  8,   iS4«. 
Afr.  Ceorffe  Abcrnclhy — 

Dear  Sir.  Allow  me  to  suggest  the  propriety  of  jjuarding  the  sontherii  por- 
tion of  the  Willamette  valley.  You  will  sec  from  Col.  (Tilliam's  report  that  the 
river  Indians  have  collected  togetlier  and  given  us  battle  at  Meek's  crossing  on  the 
Des  Chutes,  being  whipped,  they  fled  up  the  river  towards  Klamath  lake,  and  are 
now  supposed  to  be  in  a  flat  near  the  head  of  the  river,  where  there  are  some 
warm  springs.  This  place  is  occupied  by  a  part  of  the  Indians  all  the  time,  and 
the  war  party  send  to  it  all  the  cattle  and  horses,  except  the  best  which  are  retained 
for  use  some  days  before  the  battle.  This  hot  spring  country  is  on  their  usual  route 
to  the  lake.  It  is  highly  probable  they  will  .itlempt  a  robbery  on  the  frontier, 
knowing  we  are  away.  Ks()uire  DefTendorf  returns  with  a  view  of  raising  a  com- 
pany for  that  purpose,  and  explore  more  fully  the  southern  porticjn  of  the  territory. 
lie  is  well  (pialified  to  head  jiuch  a  party.  He  is  remarkable  for  his  cool,  deliberate 
bravery,  and  i)rudent  management.  The  company  will  be  indciiendcnt,  furnishing 
themselves  everything  and  acting  ui)on  thcirown  judgment  separate  from  the  army. 
I  cannot  recommend  too  highly  the  propriety  of  encouraging  such  companies. 
The  Indians  go  in  sm  dl  parties  when  they  do  mischief,  keeping  the  main  body 
out  of  reach.     We    lusl  adopt  the  same  course  if  we  expect  success. 

In  haste.  H.  A.  G.  I.KK. 

For  some  unknown  reason,  the  above  suggestions  were  not  acted 
upon,  and  the  Cayu.ses  did  send  emissaries  into  the  valley  which  re- 
sulted in  one  pitched  battle. 

Hon.  Ralph  Wilcox,  who  was  the  first  Regimental  Adjutant,  in 
writing  to  Adjutant  General  Lovejoy  gives  the  following  : 

Fort  Wascopam,  Feb.  7,  1848. 

Gknkral.  *  *  We  had  some  fighting  and  have  obtained  consider- 
able property  from  the  Indians.  Unfortunately  we  have  lost  three  men  ;  one  by 
accident,  being  shot  by  the  guard,  having  imprudently  approached  the  sentinel  in 
such  a  manner  as  to  induce  him  to  believe  he  was  an  Indian.     His  name  was  Alex 

ander  McDonald.     James  Packwixxl  and Jackson,  were  killeil  by  the  Indian 

during  our  absence  on  the  Des  Chutes  river.  They  were  stationed  out  with  others 
as  horse  guards  some  distance  from  the  fort,  and  seeing  some  horses  at  a  distance, 
they  went  to  drive  them  in,  when  they  were  killed  by  In<iians.  There  is  no  doubt 
the  Indians  were  lying  in  wait  for  them. 

The  difficulty  of  keeping  the  property  obtained  from  the  enemy,  was  .so  great, 
that  Col.  Gilliam  decided  to  sell  it,  and  you  will  receive  a  report  of  the  amount 
from  Paymaster  Magone.  The  Paymaster  will  take  the  receipts  from  the  pur- 
chasers and  forward  them  so  that  the  several  amounts  may  be  charged  to  the  indi- 
viduals. I  wish  you  would  send  <lireclioiis  in  relation  to  this  matter  to  the  pay- 
master, as  we  are  all  unactjuainted  with  the  business  ;  send  .some  kind  of  form  for 
pay-roll  or  whatever  you  may  think  best.  The  property  sold  very  high,  in  all, 
amounting  to  nearly  |i,2oo.  There  may  Ix:  some  objections  to  this  course  of  pro- 
ceedings, but  for  my  part,  I  think  it  the  best  we  could  adopt.  The  property  being 
mostly  horses,  could  not  be  kept,  but  would  be  lost  as  fast  as  collected,  and  it  sells 
much  higher  than  stock  of  the  same  kind  in  the  valley,  '    ' 


I    1 


3^2 


brown's  political,  history. 


1847 


ii 


Mr.  Fales  Howard  resigned  as  2d  sergeant  of  4th  company  (R),  and  takes  his 
place  in  the  ranks  as  private.  Thomas  Hiickner  was  clerled  to  fill  the  vai-aiu'v. 
Feb.  6th,  IsaJic  W.  .Sullivan  was  elected  isl  Ijeuteiiant  of  5th  comjjany  t<>  till  llie 
vacancy  caused  by  the  death  of  I,ieut.  Mrowii.  Cajjtain  Thompson  is  expected 
daily.  Friend /Meek  is  in  a  terrible  stew  siiiie  he  heard  of  the  expre  s  btiii>;  dis- 
patihed  to  Califotina  and  the  States.  I  endeavor  to  comfort  him  by  saying  that  if 
he  gets  beat  in  the  race,  he  will  make  the  hesl  sfi070  when  he  gels  there.  There  is 
no  donbt  we  shall  have  some  Hard  fighting,  but  our  boys  are  the  right  strii)e.  In 
the  action  on  Dcs  Chutes  river,  wc  had  not  only  to  fight  the  Indians  but  to 
climb  a  tremendously  steep  rocky  mountain  to  gel  at  them.  There  is  no  donbt 
some  were  killed,  but  it  was  impossible  to  ascertain  the  number,  as  every  one  that 
was  hit  was  carried  off.  Only  one  "  tlo.ston"  wounded.  Mr.  Shaw  has  resigned 
his  office  as  Judge  Advocate  and  will  go  home.  Jacob  Rinearson  was  appointed  by 
Col.  (lilliam  to  fill  the  vacancy  to  act  from  date. 

Yours  truly,  R.WILCOX 

Cointnissary  General  Palmer  made  the  following  report  to  Gov. 
Abernethy  : 

Wascopam,  Feb.  j6,  1S4S. 
Yesterday  the  regiment  took  up  the  line  of  march  for  W'aiilatpu.  (Mtr  first 
encampment  was  on  the  second  creek  aI)ovc  this  place,  and  as  the  baggage  wagons 
were  not  all  forwarded,  I  came  back  to  attend  to  it.  Our  force  numbered  little 
over  300  men.  Twenty-seven  men,  including  the  sick,  have  been  left  at  this  jilace. 
Two  Indians  belonging  to  a  tribe  forty  miles  north  of  the  Columl)ia  river,  have 
been  in.  We  had  a  talk  with  them,  and  gave  them  tobacco  and  a  flag  lo  take  to 
their  chiefs.  They  inforr:ied  u.^  that  many  Indians  on  Des  Chutes,  John  Dny's  and 
Columbia  rivers,  have  removed  and  settled  in  the  Cayuse  country.  They  also  slate 
that  the  Nez  Percos  have  joined  the  Cayuses.  Two  of  the  Indians  engaged  in  the 
ba^r^  on  the  Des  Chutes  river  came  in  yesterday  as  messengers  oi  peace.  We 
talked  to  them  and  gave  them  a  flag  aiul  tobacco  for  their  chiefs.  They  are  to 
meet  us  at  the  crossing  of  the  Dcs  Chutes  river.  J.   PALMKR. 

Camp  at  Springs  25  Mii.ks  West  ok  Umatilla,  Feb.  24,  1S48. 
Gov.  Abernethy, — Sir.  Vesten  ay  as  we  were  leaving  camp,  a  parly  of  thir- 
teen Indians  were  seen  following  our  trail.  We  met  them  and  they  pro%'ed  to  be 
the  Indians  who  resided  up  the  Des  Chutes  river,  to  whom  we  had  sent  a  flag. 
They  were  old  chief  Hcardy  and  several  principal  men.  They  cxpresse<l  a  strong 
desire  fur  peace.  A  part  of  them  had  been  in  the  skirmish  with  Maj.  Lee  at  The 
Dalles ;  but  say  that  they  were  forced  into  it  by  the  Cayuses.  That  all  their  prop- 
erty had  been  taken,  and  ihcir  lives  threatened  if  they  did  not  join  them.  They 
were  not  engriged  in  the  last  two  battles.  Reardy  seems  not  lo  be  implicated  in 
the  matter.  Waliptoleke  look  an  active  part  in  the  last  engagement,  and  was  one 
of  two,  who  rode  nearest  the  Americans  in  the  engagement ;  but  he  has  rei)ented, 
and  wishes  lo  settle  the  matter,  and  asks  permission  to  joiu  our  camp.  lie  slates 
that  a  part  of  the  goods  left  in  his  charge  have  been  taken,  but  that  he  has  cached 
the  most  of  them  ;  which  with  the  horses  and  cattle  which  have  not  been  stolen,  he 
will  return  lo  the  Americans  at  The  Dalles  upon  our  return.  We  sent  him  word  that 
we  will  inform  him  when  to  bring  it  in,  and  that  wc  will  hold  a  council  with  all  the 
people  in  that  vicinity  upon  our  return.  Bcardy  and  his  people  are  to  remain  upoi'i 
his  farm.  They  will  render  sotne  assistance  by  informing  us  of  the  disp<isition  of 
the  Indians  in  Uiis  quarter.  We  have  dispatched  Indian  Klijah  as  messenger  to 
Fort  Walla  Walla  and  to  the  Nez   Perces.     We  expect  a  messenger  from  the  fort 


-FWr^H! 


1847 

11(1  takes  his 
lie  vaoancv. 
ly  to  fill  tile 
is  expected 
s  liein^  (lis- 
lyiiiK  that  if 
e.  There  is 
t  stripe.  Ill 
aiis,  Iml  lo 
is  no  (loiiht 
ery  one  that 
lias  resigned 
ip])Otnted  by 

WILCOX 
irt  to  Gov. 

J  6,  1S4S. 
11.     Our  first 
\i'd^e  wagons 
n  he  red  little 
at  this  place. 

I  river,  have 
ig  to  take  to 
in  Dhv's  and 
ley  also  state 
gaged  in  the 
f  peace.     We 

They  are  to 

).  24,  1848. 
party  of  thir- 
proved  to  be 
i\  sent  a  llag. 
ssed  a  strong 
j.  Lee  at  The 

II  their  prop- 
theni.  They 
implicated  in 
,  and  was  one 
lias  re])ented. 
p.  lie  slates 
ic  has  cached 
;;eu  stolen,  he 
lini  word  that 
1  with  all  the 
)  remain  npoii 
disposition  <<f 
messenger  to 
from  the  fort 


1847 


PROVISIONAL   GOVKRNMKNT. 


363 


to-day.  We  learn  by  Reardy,  that  the  Caynses  have  fortified,  and  had  expected  to 
fortify  near  the  foot  of  the  lUnc  mountains  on  tiie  saw  mill  stream.  \V'e  have  no 
other  news.  There  arc  no  Indians  lo  be  seen  in  the  country  ;  but  the  trail  of  spies 
has  been  discovered,  and  we  shall  probably  have  an  attack  by  night,  before  we 
reach  Waiilalpn.  J(.)RL  I'ALMKR. 

The  following  letter  written  hy  riisho]>  Hlaticliet,  addressed  to  the 
"  Commander  of  the  Oregon  Army,"  was  brought  to  Oregon  City  l)y 
Quartermaster  Jennings,  and  translated  by  Dr.  Mcl/mghlin.  The 
date  has  been  omitted,  but  it  was  probably  written  about  Feb.  i,  1848, 
from  the  mission  in  the  Yakima  country  : 

Sir.  I  have  some  intelligence  from  Walla  Walla,  which  I  got  from  two  Indians 
who  arrived  yesterday.  I  communicated  it  to  my  Indians— the  Yakamas,  and 
they  have  requested  me  to  write  you  again.  They  arc  more  than  ever  resfjlved  not 
to  join  the  Cayuses,  especially  since  they  have  been  informed  that  the  Caynses 
were  angry  with  them,  because  they  had  refused  to  make  war  upon  the  Americans. 
The  two  Indian^  whom  they  sent  to  you  are  to  learn  what  is  going  on,  and  bring 
the  intelligence  to  the  camp.  Whatever  may  happen,  I  think  th»y  will  not  change 
their  present  intention.  I  have  told  them  the  Americans  were  very  numerous,  and 
that  the  Cayuses  could  not  kill  them  all,  and  the  Yakamas  had  no  reason  to  fear 
that  the  Cayuses  could  kill  them  on  their  lands.  The  Indians  report  that  only 
the  Palouses  have  joined  the  Cayuse,  and  that  the  Yellow  Serpent  had  not  joined 
them.  The  first  chief  of  the  Yakimas,  Cidics,  requests  me  particularly  to  inform 
Mr.  McKay,  that  he  had  been  his  friend  for  many  years  and  that  he  will  remain  so. 
His  brother,  .\ourhaie,  whom  Mr.  McKay  knows  well,  is  detained  by  the  Cayuses, 
who  have  threatened  to  kill  him,  if  he  attempted  to  return  to  his  lodge — he  is  a 
good  Indian,  and  I  wish  he  could  return  home.  Up  to  the  present,  I  had  hoped 
that  peace  could  have  been  made  between  the  Americans  and  the  Cayuses  ;  but 
afler  what  has  been  written  to  me,  it  appears  to  me  improbable.  I  will  do  all  I  can 
to  instruct  my  Indians,  and  teach  them  to  cultivate  the  ground,  and  trust  with  the 
blessing  of  God,  that  they  will  become  humane.  I  have  the  honor  to  be,  sir,  your 
humble  servat.  F.  N.  BLANCHET. 

Vancouver,  Feb.  29,  1848. 
Geo.  Abernethv,  Esq'r.  We  have  received  a  letter  from  Father  Blanchet, 
in  the  upper  part  of  the  Yakama  river,  dated  i6th  inst.,  stating  the  Yakamas  felt 
no  inclination  or  will  to  join  the  Cayuses,  although  many  other  tribes  had,  merely 
confirming  what  had  reached  us  by  The  Dalles.  It  is  my  firm  conviction  when  the 
troops  reach  Walla  Walla,  the  enemy  will  soon  dwindle  away.  I  however  may  be 
mistaken.  Yours  in  haste,  PETER  SKEEN  OGDEN. 

The  above  is  in  entirely  a  different  tone  from  the  prediction  that  he 
made  to  Capt.  Lee  at  The  Dalles,  while  on  his  way  down  with  the  res- 
cued captives.  He  then  stated  that  all  the  Indinn  tribes  alon^  the 
Columbia  river  would  join  the  Cayuses,  and  that  he  doubted  whether 
the  Americans  could  conquer  a  peace,  and  that  to  attempt  a  winter 
campaign  was  the  greatest  of  folly.  But  when  he.  and  the  other  offi- 
cers of  the  H.  B.  Co.,  saw  with  surpri.se  the  energy  displayed  by  the 
Americans,  and  that  they  were  determined  to  invade  the  enemy's  couu- 


^   I 


\-  i 


m 


^'  m} 


i''Ui 


««♦ 


BROWN'.S    FOI^ITICAI.    HLSTORV. 


1847 


try,  compelling  them  to  sue  for  pe.ice,  they  had  a  practical  demotistra 
tion  proviiif?  that  there  was  another  power  in  the  land,  equal  if  not 
greater  than  their  own. 

First  Lieut.  Charles  McKay,  wrote  the  following  interesting  letter, 
giving  a  good  description  of  the  general  battle  fought  and  the  opera- 
tions of  the  army  up  to  d;ile  of  the  letter.  lu)r  the  want  of  time  to  write 
to  each  separately,  he  addresed  it  to  the  four  individuals  named  : 

Wam,a  VVam.a,   I'el).   2S,   |S4,S. 
To  Messrs.  /hooks,  Smit.'i,  Mcf.onirhlin  and  Wilson  : 

Dkar  I'-RiKNos.  Tliis  is  tlie  first  opportunity  I  have  liad  to  send  any  inlclli- 
gcnoe  of  our  procectlinjjs  since  \vc  left  Tlic  Dalles,  whioli  I  embrace,  hut  as  time 
is  pressing,  I  write  but  one  scrawl  to  all  (»f  you.  The  Tirst  circumstance  of  import 
ancc  which  occurred  since  wejoiued  the  armv,  was  the  making  of  a  treaty  with  those 
of  the  I)es  Chutes  Indians,  willi  whom  Col.  rrilliam  fought  before  our  -irrival. 
On  the  secontl  ilay  after  the  makiu).;  of  the  treaty,  we  met  a  combined  force  of 
Cayuses,  Walla  Wallas  and  Indians  of  other  tril»es,  amountinj.j  in  all  to  |iS  armcil 
men  ami  about  loo  more  without  xuus  who  remained  spectators  to  the  conflict.  It 
is  impossible  at  presetU  to  ^ive  a  perfect  description  of  the  en)^aj.jemcnt.  Hut  it  is 
enoiiRii  to  say,  that  the  enemy  hail  every  ailv  inta-^c  of  j)osition,  addi'd  to  a  thor- 
ough kuowledj{C  of  the  hills  and  ravines  wh  h  marked  the  face  of  the  country. 
Our  lines  were  exlemled  and  nearly  forme<l  a  circle,  with  the  horses,  cattle  and 
wagons  in  the  center.  The  enemy  commenced  the  action  by  charging,'  towards  us, 
and  firing,  which  was  briskly  retnrneil  by  our  i)arty.  vSome  of  the  Indians,  more 
ventnrsome  than  the  rest,  came  so  near  to  us  that  they  were  shot.  Two  of  them 
were  men  of  infiuencc,  one  of  whom  was  (Ireal  Kagle.  .\  Cayuse  medicine  man 
was  killed  by  Thomas  McKay.  I-'ivc  Crows,  the  fellow  who  took  one  of  the  girls, 
was  shot  in  two  places,  smashing  his  left  arm  into  si)lintcrs.  He  dropped  his  gun 
which  I  obtained,  and  if  my  h<»rse  had  been  ginxl,  he  woulil  not  have  escaped  me. 
After  this,  the  Indians  keptuptheir  firing,  but  at  a  great  distance  off.  Their  fu/.ees 
throw  balls  further  than  (mr  rifles,  in  which  they  had  an  advantage.  The  firing 
continued  until  within  an  hour  of  sunset,  when  the  Indians  cleared  f)Ut  and  left  us 
masters  of  the  field.  The  cannon  was  discharged  twice,  but  without  much  effect. 
Five  of  our  men  were  wounded,  one  severely,  being  shot  through  the  right  breast. 
There  are  well  grounded  hopes  of  his  recovery.  On  the  next  day  a  truce  was 
agreed  upon,  when  some  fal.se  reports  were  explained  to  the  Walla  Wallas,  Nc/. 
Perces,  and  other  tribes,  that  is  to  say  :  That  the  Americans  were  intending  to 
kill  them  all,  and  take  their  lands.  \'\mn  hearing  which,  they  refused  further  in- 
terfering in  the  matter,  and  ijumediately  dejiarted  for  home. 

We  understand  (but  it  is  impossible  to  arrive  at  the  exact  truth)  that  thrceof  the 
enemy  were  killed,  and  several  others  and  a  great  many  horses  wouufled.  It  was 
indeed  a  handsome  sight  to  see  fighting  men  galloping  on  their  horses,  and  spec- 
tators on  the  hills  (even  women  were  there)  to  witness  the  conquest  of  the  Ameri- 
cans. The  enemy  had  threatened  that  "  the  Americans  should  never  drl.ik  of  the 
waters  of  the  Umatilla."  They  had  further  threatened  that  they  would  beat  the 
Yankees  to  death  with  clubs,  and  then  proceed  to  the  Willamette,  and  take  women 
and  everything,  but  in  this  the  Indians  were  egregiously  mistaken.  By  the  Indi- 
an's'account,  their  loss  was  sustained  from  that  portion  of  the  field  where  our  party 
was]]stationed,  but  I  imagine  that  they  sustained  loss  from  other  portions  of  the 
army. 


1847 


1847 


rROVISIONAI,   OOVKRNMKNT. 


3^'5 


.'nionstra- 
lal  if  not 

inj;  letter, 
the  opt-ra- 
le  to  write 
iK'd  : 

H,    1.S4S. 

any  iiitolli- 

Imt  as  time 

e  of  iiiiporl 

y  with  thosf 

our  arrival. 

lied  force  of 

0  .11'^  ariiHMl 
connict.    It 

It.     Hilt  it  is 
•d  to  a  thor- 
Ihc  country. 
!R,  cattle  and 
1^  towards  us, 
idiaus,  tuorc 
rwo  of  them 
ediciiie  man 
of  the  H'rls. 
)l)cd  his  f^un 
escaped  me. 
Their  fnzees 
The  firing; 
It  and  left  us 
much  effect, 
rifjht  breast, 
a  truce    was 
Wallas,  Ne/ 
intending  to 
m1  further  in- 

iit  three  of  the 
ided.  It  was 
^es,  an<l  spcc- 
ofthe  Ameri 
dri.ik  of  the 
ould  beat  the 

1  take  women 
By  the  Indi- 

here  our  party 
ortious  of  the 


March  ist.  We  have  had  a  talk  with  the  Indians,  and  proposed  a  treaty  with 
those  only  who  were  friendly  ;  but  we  have  since  heard  that  they  are  all  combinid 
with  the  excepticm  of  the  Yellow  Snake.  We  expect  to  be  at  Whitman's  to-day. 
Some  of  our  party  were  foolish  enough  to  tell  the  Indians,  that  Thomas  McKay 
and  myself  shot  the  two  Indians  above  mentioned.  So  we  have  to  look  out.  I'^x- 
cuse  al)ruptness  as  the  courier  is  departing. 

Vours  truly,  C.   McKAY. 

Col.  Oilliain,  hy  the  satnc  express  that  the  abovo 'vas sent,  Ibrwanled 
the  following!;  to  (lox-.  Ahernethy,  hut  it  is  not  as  full  ;is  it  shuiild  have 
heeti  as  he  well  knew  that  lull  inforniation  was  greatly  desired  hy  the 
offieials  and  the  piihlie  )4enerall)'.  Hrevity  '  i  lime-  is  cutniiicndi'ble, 
hut  not  as  a  rule  : 

I'ORT  WaI,I,.\    WAj.Li,    I'Vb.    2q,    1S4S. 
/""  Ws  Kxcdlency,  Cevti^e  Abcrnethy  : 

Sir.  I  arrived  at  this  ])lace  last  cveniiif-  in  lifteeii  days  from  I'ort  Wascopam. 
The  hostile  Indians  met  us  the  day  before  we  reached  the  Fniatdla,  and  ancnj(a^;e- 
ment  took  place,  which  lasted  abf)ut  three  hours.  None  of  the  men  killed,  ami 
r)td)'  six  wounded,  two  of  them  severely,  but  will  prol)ably  recover.  Some  of  the 
Cayuse  chiefs  who  were  not  eiij^aj(ed  in  the  action,  came  into  cam])  next  day  .ind 
])rofessed  a  desire  to  remain  at  peace;  anions  the  number  was  Stickus.  The  mini 
her  of  hostile  Indians  wc  have  learned  amounted  on  the  day  of  action  to  .117.  Tani- 
suckie  is  encamped  a  few  miles  below  Whitman's  place,  and  all  the  cneni\' it  is 
supposed  will  collect  at  that  ;;!ace  to  ^ivc  us  battle.  1  wish  you  to  send  more  men 
into  the  field,  as  it  is  hij(lily  probable  tint  a  large  number  of  liulians  will  take  the 
field  aii'.aiiist  us.  1  have  not  been  able  to  ascertain  what  tribes  will  fight  us.  It 
will  be  advisable  that  the  men  should  be  sent  on  foot  or  in  boats,  antl  that  the  pro- 
visions should  be  forwarded  to  this  ])lacc  by  water.  Some  of  the  Company's  men 
who  are  actpiainteil  witli  the  river  could  be  had  to  pilot  the  ))oats  to  this  place.  It 
is  absolutely  necessary  that  more  men  shoulil  l)e  sent  up  immediately,  and  also 
provisions,  as  we  now  have  but  a  small  (juantity  f)f  flour  on  hand. 

I  have  learned  from  the  Indians  that  in  the  action  of  the  25tli,  eight  Cay  uses 
were  killed,  and  among  the  woiiniled  was  I'ive  Crows,.  It  was  said  he  woulil  die. 
Among  the  other  tribes  who  fought  against  us,  we  cannot  ascertain  how  many  were 
killed  and  woiimled.  .S<mie  of  them  living  on  the  north  side  f)f  the  Columbia,  left 
and  went  home  after  the  action.  We  shall  proceed  at  once  to  Whitman's  place 
and  establish  a  post  in  that  vicinity.     I  remain  yours  truly,  C.  GIU,IAM, 


Gov.  Aherncthy  wrote  the  followiuff  apfal  to  Commodore  Shu- 
hrick  for  assistance,  and  sent  the  same  hy  Capt.  Kilhurn  of  the  hrit? 
Ifcnrv  who  sailed  to  San  Franci.sco  about  that  time  : 

Orkgon  City,  March  11,  1848. 
Sir.  I  liave  written  you  under  date  Dec.  2Sth  and  Jan.  25th,  last,  both  of 
which  failed  to  reach  you.  I  herewith  send  letters  and  the  Spectator,  from  which 
you  can  seo  our  present  situation.  Captain  Kilburn  of  the  brig  Henry  can  inform 
you  on  any  subject  you  may  wish  to  inquire  of  him.  I  would  again  call  your  at- 
tention to  the  necessity  of  sending  us  one  or  more  vessels  of  war  as  soon  as  possi- 
ble.    Indians  are  restrained  by  fear  ;  they  have  a  dread  of  cannon  and  man-of-war 


366 


brown's  political  history. 


1847 


3iiii 


I 


ships.  I  have  told  them  a  ship  of  war  would  be  here  in  the  spring.  I  am  waiting 
with  anxiety  to  liear  from  the  conimissiotiers  sent  up  to  treat  with  the  Indians. 
Should  wc  succeed  in  settling  this  affair,  which  is  uncertain,  the  presence  of  one 
of  our  ships  at  this  juncture,  would  let  them  know  that  the  Americans  have  it  in 
tlieir  power  to  punish  them,  and  would  probably  deter  them  from  further  aggres- 
sions. I  have  conversed  ,.'th  the  pilot  at  the  mouth  of  the  Columbia.  He  says 
he  can  bring  in  a  ve;'.Kel  drawing  twenty-two  feet  of  water.  Under  his  care,  any 
■^loop-of-war,  under  30ur  command  can  enter  our  river.  Captain  Kilburn  says,  if 
needed,  he  will  come  up  in  any  vessel  sent  by  you.         Yours  truly. 

GEO.  ABERNETHY. 
CoMD'R,  W.  Bradford  Shuerick.  Governor  of  Oregon. 


Chief  Factor  James  Douglas,  of  the  H.  B.  C,  wrote  the  following 

to  Gov.  Abernethy,  which  gives  variotts  items  of  interest : 

Fort  Vancouver,  March  15,  1848. 
George  Abernethy,  Esqr. 

Dear  Sir.  One  of  the  Company's  servants  has  this  moment  arrived  with 
dispatches  from  Walla  Walla,  of  date  the  7th  inst.,  and  I  hasten  to  communicate 
the  intelligence  received  for  your  information.  The  army  had  made  their  way  to 
Waiilatpu  and  taken  possession  of  the  remains  of  the  mission,  the  Cayuses  having 
been  defeated  with  considerable  loss  some  days  previously  in  a  pitched  battle  near 
the  Umatilla  river ;  and  had  since  fallen  back  upon  the  Nez  Perccs'  country.  Ser- 
pent Jaune,  chief  of  the  Walla  Walla  tribe,  had  visited  the  commissioners,  and  de- 
cided on  remaining  quiet.  The  Nez  Perces  had  in  part  also  decided  for  peace,  and 
were  expected  in  camp  within  a  few  days.  The  remaning  part  of  the  tribe  appeared 
still  undecided  about  the  part  they  would  take,  and  will  no  doubt  be  much  influ- 
enced in  their  future  conduct,  by  the  success  which  attends  the  operations  of  the 
army.  Their  sympathies  are  with  the  Cayuses,  but  fear  may  restrain  them  from 
taking  an  open  part  against  the  whites.  The  Cayuses  remain  therefore  without 
any  open  support  from  the  more  powerful  tribes  in  their  neighborhood,  and  in 
such  circumstances,  cannot  be  expected  to  make  a  very  protracted  defense.  The 
accompanying  copy  of  a  letter  from  Mr.  Palmer,  possesses  much  of  interest,  and 
will  put  you  in  possession  of  further  particulars. 

Our  dates  from  Fort  Colville  are  up  to  Jan.  23d.  The  Indians  were  all  quiet 
and  well  disposed,  though  they  had  been  severe  sufferers  from  the  measles  and  dys- 
entery. Their  detestation  of  the  bruml  conduct  of  the  Cayuses,  hns  been  openly 
and  generally  expressed,  as  well  as  their  determination  to  oppose  the  repetition  of 
such  atrocities  in  their  country.  Messrs.  Walker  and  Eells  have  l)een  induced  by 
the  friendly  protestations  of  the  Indians  about  them,  to  continue  tlieir  residence 
at  the  mission  near  Spokane.  Mr.  Lewis  offered  them  an  asylum  at  Fort  Colville, 
which  that  gentleman  observes  in  his  letter,  "  is  still  open  to  them  if  necessary 
hereafter,  and  I  will  give  them  every  assistance  in  my  power,  if  they  are  compelled 
to  remove  and  fly  to  this  place  for  safety.     All  the  '  Finley's'  '  at  '  Fools  river,' 


iDr.  Win.  McKay  has  favored  me  with  the  following  in  jegard  to  vhoin  the  "  I'inley's"  wer<* 
ami  the  information  is  reliable  :  "  The  Finley  family  who  reside  on  Colville  river  and  Jnco  valley 
are  numerons.  There  were  oriRioiially  live  brothers,  and  their  desoendants  are  liniitfrs  and  trap- 
pers, f>-uc/t  shots  with  the  I ifle  They  have  immense  inthience  with  the  Flat  Heads,  Colville  and 
Spokane  Indians.  They  protected  Messrs.  Walker  and  Kells  durinj;:  the  time  of  the  Inilian  troubles. 
No  Indians  would  dare  attack  Iheni.  The  l-'inhiy's  oriKinally  came  from  the  Saskatchewan  of 
Britsh  territories,  ami  are  of  Scotch  descent.  You  find  them  now  all  over  the  northwest,  in  Idaho 
and  Montana. 


*("■ 


■  H 


1847 


PROVI.SIONAL   GOVERNMENT. 


367 


1; 


iir  resilience 


have  volunleercil  their  aid  and  assibtaiice  to  protect  Messrs.  Walker  ar;fl  Eells  if 
necessary,  which  I  think  is  fortunate.  As  the  determined  character  of  these  men  is 
generally  known  among  the  Indians,  few  or  none  will  like  to  come  in  contact  with 
them."  \Vc  have  letters  from  Tort  Hall  up  to  Dec.  3olh.  No  intelligence  of  an}' 
interest  from  that  quarter,  beyond  the  fact  that  a  city  has  sprung  up,  as  if  by  en- 
chantment, in  the  midst  of  the  desert,  near  the  southern  extremity  of  Great  Salt 
Lake.  It  contains  a  population  of  3,(K)f)  persons,  and  numbers  within  its  precincts 
6(Ki  houses.  One  (lour  mill  was  in  operation,  and  four  saw  mills  were  nearly  fin- 
ished. In  haste,  yours  truly.  JAMES  DOUGL.'VS. 

Waiilatpu,  March  4,  184S. 
William  McBean,  Esq. 

Dear  Sir.  I  have  been  requested  by  Capt.  McKay,  to  apprise  you  of  the 
progress  we  have  made  in  adjusun)^  the  differences  between  the  whites  and  Cay- 
uses  ;  and  I  am  happy  to  say  thac  matters  are  assuming  a  favorable  appearance. 
With  yours  and  his  assistance,  with  a  little  forbearance  on  the  part  of  the  troops, 
I  believe  all  that  could  be  desired,  will  be  accomplished  without  further  bloodshed. 
Capt.  McKay  thinks  Captain  Grant '  can  travel  through  the  country  with  perfect 
safety.  Mr.  Meek  will  leave  the  first  of  the  week.  Dr.  Newell  will  write  to  Capt. 
(irant  according  to  your  request.  In  haste.  JOEL  PALM fi;R. 

Dear  Sir.  I  have  only  time  to  say  a  word.  Stickus  was  here  yesterday,  and 
things  look  more  favorable  since  (iervais  arrived.  I  wish  to  go  down  when  your 
people  go.  I  will  be  ready  in  a  few  days  and  come  to  the  fort.  No  time  for  par- 
ticulars. With  respect.  R.  NEWELL. 

Oregon  City,  March  16,   1S48. 

Dkar  Sir.  I  received  your  letter  of  yesterday,  last  evening,  and  beg  leave  to 
return  to  yt)U  tny  thanks  for  y-^ur  kindness  in  placing  me  in  possession  of  the  in- 
formation contained  therein  so  soon  after  its  arrival  at  Vancouver.  I  have  been 
very  anxious  to  licar  from  the  u])per  country  ;  and  feel  gratified  to  learn  that  there 
is  a  prospect  of  a  speedy  lermiuatioii  of  the  war  in  that  neighborhood.  It  appears 
from  a  letter  that  I  received  lo  day,  that  the  residents  of  Benton  county  have  come 
in  collision  with  the  Calapooia's.  Two  Indians  killed  and  ten  taken  and  severely 
whipped.  I  do  not  know  the  cause  of  this,  but  regret  it  very  much.  Mr.  Apple- 
gate  is  my  informant.  I  remain  yours  truly. 
JAS.  DouGi-AS,  Esq.  GEO.  ABERNETHY. 


Brevet  Captain  VVilliains  counnaiuling  at  Fort  Wascopam,  thus  de- 
tails the  situation  at  tliat  post,  while  the  artuy  was  at  Waiilatpu.  It 
shows  there  was  trouble  in  the  rear  as  well  as  at  the  front. 

I-'ORT  Wascopam.  Feb.  28,  1848. 
Afr.  George  Aberneihy: 

Dkar  .Sir.  Having  the  linnor  of  being  Brevet  Captain  of  the  forces  stationed 
at  Wascoj^ani,  I  deem  it  my  In ty  to  report  to  you,  Ihe  strength,  condition,  and 
future  prospects  of  maintaining  honorably  and  successfully  the  military  stores  de- 
jHisited  at  this  place  ;  and  also  noting  the  circumstances  that  constrain  our  njcn  to 
believe  that  there  is  a  strong  ])robal)ility  of  hostilities  being  opened  against  us  by 
the  enemy  upon  the  river,  in  intercepting  our  boats,  as  well  as  an  attack  upon  our 
fort.     In  fact  we  consider  our  boats  in  the  most  imminent  danger  from  intercep- 


I  Cilptiiin  t'liiiiit  iiiul  charge  "!  Fori  lliill,  one  ol  11.  W.  C-i's.  trailing  posts.  As  far  as  there 
beiug  any  daiijjci  for  any  person  connecteil  with  that  i-onipauy  is  concerned,  is  all  "  bosh,"  It  wan 
only  Americans  the  Indians  were  hostile  with. 


368 


brown's  political  history. 


1847 


tion  by  hostile  Indians,  while  passing  and  repassing  from  the  Cascades  to  this 
place.  To-day  our  boats  arrived  laden  with  flour,  salt  and  pork,  and  the  Captain 
informed  us  that  he  discovered  Indians  on  the  north  side  of  the  river,  in  a  situation 
that  in  his  opinion  presented  an  as-pect,  that  was  not  altogether  friendly.  This  he 
also  reports  to  be  a  very  unusual  thing  ;  because  a  majority,  in  fact  we  may  say, 
the  whole  of  our  friendly  Indians  have  removed  from  the  north  side  of  the  river 
to  the  south  side,  in  the  immediate  vicinity  of  this  place,  in  order  to  be  under  the 
cover  of  our  protection.  Consequently  the  opinion  is,  there  was  a  hostile  or  un- 
friendly motive  in  their  procedure.  Two  of  our  men  left  this  place  in  pursuit  of 
saddle  tree  timber  about  twelve  miles  from  this  place.  They  reported  on  their  re- 
turn that  they  saw  Indians,  showing,  in  every  .sense  o.*"  the  word,  movements  of  a 
hostile  nature.  Consequently,  such  evidence  leads  us  to  believe  that  the  river  is  in 
all  probabilit}',  destined  to  be  the  scene  of  hostilities.  Then,  sir,  you  may  imagine 
our  situation  and  the  danger  our  boats  are  in  while  transporting  provisions  from 
the  Cascades  to  this  place  Therefore,  we  solicit  your  attention,  eagerly  in  behalf 
of  our  military  stores,  while  under  transportation,  and  the  property,  in  the  charac 
ter  of  stock,  about  the  fort.  We  are  not,  as  you  will  hereafter  see,  with  the  small 
force  able  to  protect  the  fort,  stock,  and  the  boats.  The  number  of  men  that  could 
in  case  of  emergency  bear  arms,  provided  an  attack  upon  the  fort  was  made,  would 
amount  to  about  twenty-five  men,  l)ut  five  of  them  are  without  arms,  consequently 
the  amount  of  their  assistance  in  combatting  the  assault  of  an  enemy  wroth  with 
desperation  and  <ietermination,  would  be  rather  of  a  minor  character  ;  therefore  it 
is  necessary  in  my  opinion,  that  a  reinforcement  should  be  immediately  sent  to 
our  assistance,  and  to  the  assistance  of  the  boats.  A  few  arms  are  also  necessary, 
in  order  to  supply  the  deficiency  alM)ve  mentioned,  besides  amnuinition  is  scarce. 
We  have  two  guns  out  of  repair,  one  rifle  and  one  musket. 

I  will  now  endeavor  to  explain  to  you,  why  our  situatiot;  is  considered  critical. 
You  are,  I  presume  aware  that  all  the  Iiuliatis,  save  tliose  of  the  Wasco  tribe,  are 
hostile,  and  are,  I  presume,  encamped  somewhere  upon  the  I)es  Chutes  river,  1 
mean,  when  I  say  all  those  who  live  upon  the  Des  Chutes  and  its  tril)Utarics,  and 
are  making  preparations,  we  believe,  to  commence  hostilities  against  us  at  this 
place  in  the  absence  of  the  main  army.  It  is  reasonable  to  suppose  that  such 
might  be  the  case.  I  deem  it  my  duly  to  mention  the  probable  occurrence  to  you, 
whether  it  is  true  or  not.  I  will  "leution,  that  it  is  not  considered  altogether  safe 
to  confide  too  much  in  the  fidelity  atul  friendshi])  of  the  Indians  who  call  them 
selves  our  friends.  I  am  firmly  impressed  with  the  idea,  that  if  we  are  attacked  b) 
a  pretty  large  body  of  ho.stilc  Indians,  a  part,  if  not  all  the  Indians  that  are  en- 
camped but  a  few  miles  from  the  fort  would  think  it  i)olitic  and  over  safe  to  join 
the  enemy  because  our  party  is  too  small  to  maintain  ourselves  and  render  thein 
assistance  suflTicient  to  rescue  the  women  and  children  from  the  merciless  knife  of 
a  blo(Klthirsty  and  barbarous  enemy.  I  am  very  certain  that  they  entertain  such 
views.  If  such  should  be  the  case,  the  increase  would  be  considerable  on  the  part  of 
the  enemy,  as  there  is  not  less  than  fifty  or  sixty  warriors  belonging  to  the  encamp- 


ment. 


Yours  truly. 


d^/^^^c^O'^  (^c^i^^^i^^^t^^ 


Brevet  Captain,  Fort  U'ascopam, 
The  condition  of  affair.s  being  of  such  serious  condition,  Governor 
Abernelhy  thought  it  best  to  raise  300  more  men  to  carry  on  the  war, 
and  accordingly  issued  the  following 


!''[■ 


l847 

cades  to  this 
the  Captain 
11  a  situation 
ly.     This  he 
we  may  say, 
of  the  river 
be  under  the 
lostile  or  un- 
iti  pursuit  of 
,  un  their  re- 
/emeuts  of   a 
he  river  is  in 
may  imagine 
jvisions  from 
;rly  in  behalf 
11  the  charac 
ith  the  small 
icn  that  could 
;  made,  would 
consequently 
ly  wroth  with 
;   therefore  it 
iately  sent  to 
Iso  necessary. 
Lion  is  scarce. 

dered  critical, 
asco  tribe,  are 
hutes  river,  I 
-ihntarics,  and 
nst  us  at  this 
ose  that  such 
irrcnce  to  you, 
Itogether  safe 
^ho  call  them 
re  attacked  1)> 
IS  that  arc  cu- 
lt safe  to  join 
1  reniler  Ihein 
rciless  knife  of 
entertain  such 
poll  the  part  of 
)  the  encamp- 


H'asiopain. 

Ml,  Governor 

'  on  the  war, 


1847 


PROVISIONAL   GOVERNMENT. 


3^^Q 


PROCLAMATION. 

Recent  accounts  fmin  tlie  seal  of  war  show,  that  the  Indians  are  in  pretty 
strong  force  and  determined  to  fight.  Many  of  the  tribes  have  ex])ressed  a  desire 
to  remain  peaceful,  l)ut  theie  can  be  no  (jnestion,  that  the  slightest  defeat  on  our 
part  will  encourage  portions  of  them  to  unite  against  us,  and  if  they  should  unfor- 
tunately succeed  in  cutting  off  or  crippling  our  army,  it  would  be  a  signal  for  a 
general  union  among  them  ;  fear  is  the  only  thing  that  will  restrain  them.  It  is 
necessary  at  the  present  moment  to  keep  a  strong  force  in  the  field,  to  keep  those 
friendly,  that  li.ive  manifested  a  desire  for  peace,  and  to  keep  the  hostile  Indians 
l)usy  in  their  own  country,  for  the  war  now  must  either  be  carried  on  there  or  in 
our  valley.  Tlie  (jueslioii  is  not  now  of  a  matter  of  dollars  and  cents  only  ;  but 
whether  exertions  will  be  made  on  the  part  of  the  citizens  of  the  Territory  to  re- 
inforce and  sustain  llie  army  in  the  upper  country,  and  keep  liown  the  Indians, 
(  which  our  men  are  able  and  willing  to  do  if  supported  ),  or  disband  the  army  ani|, 
fight  them  in  the  valley.  One  of  the  two  must  be  done.  If  the  army  is  disbanded, 
l)efore  two  months  roll  round,  we  will  hear  of  depredations  on  our  frontiers,  fami- 
lies will  be  cut  off,  and  the  murderers  cm  their  fleet  horses  out  of  our  reach  in  some 
mountain  pass  before  we  hear  of  the  massacre. 

Many  young  men  are  willing  to  enlist  and  proceed  to  the  seat  of  war,  but  are 
unable  to  furnish  an  outfit;  let  their  neighbors  assist  them,  fit  them  out  well  and 
send  them  on.  As  a  people,  we  must  assist  and  carry  on  the  war.  I  hope  sincerely 
that  the  Government  of  the  United  vStates  will  speedily  extend  its  protecting  care 
over  us,  but  in  the  meautiine  we  must  protect  ourselves,  and  now  is  the  time.  I 
therefore  call  on  all  citizens  of  this  Territory  to  furnish  300  men,  iu  addition  to  the 
number  now  in  the  field.  Three  new  companies  will  be  organized  and  attached  to 
the  regiment  commanded  by  Col.  II.  A.  G.  Lee.  Kach  company  to  consist  of  eighty- 
five  men,  rank  and  file;  the  remainder  will  be  distributed  among  the  companies 
already  (irganizeil.  The  enlistments  t(%be  for  six  months  unless  sooner  discharged 
by  proclamatioM  or  relieved  by  the  troops  of  the  United  States.  Each  man  will 
furnish  his  own  horse,  arms,  clothing  and  blankets.  The  companies  will  bring  all 
the  ammunition,  percussion  caps,  and  camp  ec^uipage  they  can,  for  which  ihey 
will  receive  a  receipt  from  the  Commissary  t.cneral. 

All  citizens  willing  to  enlist,  will  form  themselves  into  detachments  in  their 
several  counties  and  be  ready  to  march  to  Portland,  so  as  to  arrive  there  on  Tues- 
day, the  iSth  day  of  April,  on  which  day  Col.  Lee  will  be  there  to  organize  the  new 
companies;  after  which  the  line  of  march  will  be  taken  up  for  Waiilatpu.  If  a 
sufficient  numljer  of  men  to  form  a  foot  compauy  appear  on  the  ground,  they  will 
be  received  as  one  of  the  above  companies. 

^^^"^  A*"^  ^"  witness  whereof,  I  have  signed  my  name  and  atlixed  the 

^V^     ,      0_^  seal  of  the  Territory  ;  done  at  Orcgoa  City,  this  firs^ 

(lay  of  April,  18  ,S. 


The  U.  S.  Tnm.sport  AniL.'t,  Acting  Captain  S.  C.  Woodvvorth,  ar- 
rived in  the  Columbia  river  and  anchored  near  the  nioulh  of  the  Wil- 


I 


» J' 


'  I  > 


f 


Hi* 


370 


brown's  political  history. 


1847 


lamette,  on  March  16,  1848  ;  bringing  Maj.  James  A.  Hardie,  for  the 
purpose  of  mustering  into  the  U.  S.  service  any  troops  that  might  be 
raised  in  Oregon  for  the  purpose  of  garrisoning  Mazatlan  and  other 
southern  ports.  The  news  of  the  Ca>  use  war  had  not  reached  Cali- 
fornia when  the  Anita  sailed.  Commodore  W.  Bradford  Shubrick, 
commanding  U.  S.  Naval  forces  wrote  the  following  letter  to  Gov.  R. 
Mason  for.  1,000  men  to  be  sent  down  to  Mazatlan  for  the  purpose  of 
holding  that  place  and  others  as  stated  above.  Gov.  Mason  dispatched 
Maj.  Hardie  to  Gov.  Abernethy  with  a  request  for  four  or  five  companies. 

(Copy.)  U.  S.  Ship  Independence,  Mazatlan,  Dec.  6,  1847. 

Governor.  I  embrace  the  opportunity  of  a  vessel  going  to  the  Sandwich  Is- 
lands, to  send  you  a  copy  of  a  letter  received  this  morning  from  a  reliable  source 
at  Tepic.  I  have  written  you  several  times  since  I  came  here  but  fear  none  of  my 
letters  have  reached  you.  I  will  therefore  recapitulate  in  brief.  I  took  possession 
on  the  nth,  without  opposition.  Teller,  with  Soo  cavalry,  artillery  and  infantry 
retreating  before  550  sailors  and  marines.  Lower  California  is  in  a  bad  state;  num- 
bers of  Mexicans  have  crossed  over  since  we  took  Guaymas,  and  have  made  Hay- 
wood at  San  Jose,  and  Burton  at  La  Paz  very  uneasy.  I  have  the  Cyane  at  La  Paz, 
and  the  Portsmouth  at  Sau  Jose  now,  aud  the  Southampton  will  soon  take  the  place 
of  the  Portsmouth  ;  but  it  is  absolutely  necessary  that  more  troops  should  be  sent 
into  the  territory;  it  cannot  be  kept  quiet  with  less  than  500  men.  Unless  you  send 
a  sufficient  garrison  to  San  Jose  to  hold  it  without  a  ship,  it  must  be  abandoned 
and  the  flag  of  course  struck  in  May,  as  after  that  month  a  ship  cannot  be  at  anchor 
near  enough  to  succor  the  garrison.  The  same  may  be  said  of  this  place.  I  should 
think  1,000  volunteers  might  be  raised  in  Upper  California  and  this  place.  The 
importance  of  holding  Mazatlan  will  justify  any  means  that  you  may  adopt  for 
that  purpose.  It  is  the  principal  port  of  Mexico  on  the  Pacific,  and  the  tariff  of 
the  3d  of  April,  is  now  in  successful  operation.  Under  direction  of  Lieut.  Hallcck 
we  are  now  erecting  fortifications  and  defenses,  which  will  leave  nothing  for  the 
officer  who  may  occupy  them  after  us,  but  to  watch  the  appearance  of  the  enemy 
and  beat  them  off.  I  am  yours  truly, 

CoL.  R.  Mason,  W.   HRADFORI)  SHUBRICK. 

U.  S.  Army,  Gov.  of  California.  Comd'g  Pacific  Squadron. 

Headquarters  loth  Military  Department,     \ 
Monterey,  Caijeornia,  Jan.  2S,   184S.  ( 

Sir.  l""rom  intelligence  received  here  yesterday  from  Coniiiiodorc  Shubrick, 
commanding  the  IT.  S.  Naval  forces  off  Mazatlan — ^a  copy  of  his  communication  is 
enclosed  herewith.  I  deem  it  of  the  utmost  importance  to  raise  a  corps  of  1,000 
men  to  send  to  Lower  California  and  Mazatlan  as  early  as  praclicabc.  1  shall  there- 
fore dispatch  an  officer.  Major  Hardie  of  the  army,  to  confer  with  your  Excellency 
and  if  possible,  to  raise  in  Oregon,  an  infantry  battalion  of  four  companies  to  be 
mustered  into  the  service  of  the  United  States,  to  serve  during  the  war,  unless 
sooner  discharged,  or  if  it  be  impracticable  to  engage  them  f»)r  that  period,  then  to 
engage  them  for  twelve  monllis  from  the  time  of  being  mustered  into  service,  un- 
less sooner  discharged.  The  Ijattalion  will  consist  of  field  and  staff, — one  Major, 
one  Adjutant,  a  Lieutenant  of  one  of  the  companies,  but  not  in  addition.  Non- 
commissioned  staff— one   Sergeant   Major,   one   Quartermaster    Sergeant.     Four 


itir 


1847 


PROVISIONAL,   GOVERNMENT 


371 


companies,  of  which  to  consist  of  one  Captain,  one  First  Lieutenant,  two  Second 
Lieutenants,  four  sergeants,  four  corporals,  two  musicians  and  100  privates. 

Should  the  number  of  privates  on  being  mustered,  not  fall  below  sixty-four 
effective  men  in  a  company,  it  will  be  received.  In  the  United  States,  the  volnn 
teer  officers  are  appointed  and  commissioned  in  accordance  with  the  laws  of  the 
State  from  which  they  arc  taken.  The  officers  from  Oregon  will  therefore  of  course 
be  appointed  pursuatit  to  the  laws  of  Oregon,  if  there  are  any  on  that  subjcrt,  if 
not,  in  such  manner  as  your  Excellency  may  direct,  in  which  case,  I  would  re- 
spectfully suggest  that  the  company  officers  be  elected  by  their  respective  com- 
panies, and  that  the  Major  be  appointed  by  yourself,  and  I  would  further  respect- 
fully suggest  the  extreme  importance  to  the  public  service,  that  the  officer  be  ju- 
diciously selected.  The  place  of  rendezvous  for  the  several  companies  as  fast  as 
they  shall  be  organized,  is  necessarily  left  to  yourself  and  Major  Hardie.     *     *     * 

I  do  not  know  how  this  call  for  volunteers  will  be  met  in  Oregon,  but  I  flatter 
myself  with  the  assurance,  that  it  will  receive  the  cordial  support  of  your  Kxcel- 
lency,  and  I  am  certain  it  will  show  that  the  citizens  of  Oregon  have  lost  no  pat- 
riotism by  crossing  the  mountains,  and  that  they  will  be  equally  prompt  in  com- 
ing to  their  country's  standard,  as  their  brethren  in  the  United  States. 
Yours  respectfully. 


< 


if 


To  his  Excellency, 

Gko.  AbkrnRThy,  Gov.  of  Oregon. 

To  the  above.  Gov.  Abernethy  wrote  the  following  declining  to 

raise  the  battalion  for  California,  and  giving  his  reasons  therefor  which 

were  cogent  and  convincing.     There  is  no  doubt,  if  there  had  not  been 

a  war  in  Oregon  at  that  time,  but  that  Major  Hardie  could  easily  have 

raised  the  battilion,  but  the  Territory  had  within  itself  all  that  it  could 

attend  to  for  the  time  being. 

ExKcuTivK  Department,     ^ 
Orkgon  CiTv,  April  3,   1S4.S.  | 

Sir.  I  received  your  letter  of  2Sth  of  Jan'y.  last,  together  with  a  copy  of 
Commodore  Shulirick's  letter  of  6th  of  Dec.  last,  and  in  reply  would  beg  leave  to 
state  that  in  the  existing  state  of  affairs  in  this  Territory,  I  do  not  think  it  would 
be  prudent  on  my  part  to  send  any  men  out  of  the  Territory,  before  lliis  reaches 
you,  my  letters  of  Dec.  28lh,  Jan.  26th,  and  March  nth,  together  with  copies  of 
the  Spectator  will  have  reached  you,  from  which  you  will  have  learnetl  our  situation 
and  the  need  there  is  of  our  being  assisted  by  the  Government  of  the  United  States. 
I  have  in  these  letters  begged  that  a  sloop-of-war  might  be  sent  to  our  aid.  I 
should  have  called  for  men,  as  we  need  a  few  disciplined  troops  to  take  the  lead. 


672 


brown's  politicai,  history. 


1847 


:  I, ; 


«:  ! 


but  concluded  j'ou  could  not  spare  thcni.  Wc  need  very  nuicli  a  few  field  pieces, 
balls  and  powder.  A  quantity  of  rifle  powder  and  lead,  and  in  fact  everythinjr  that 
is  really  needed  to  carry  on  a  war.  May  I  1)0  permitted  to  ask  your  aid  in  furnish- 
ing us  with  these  necessary  articles.  I  send  you  with  this  a  Sprtiator  of  March 
25th,  also  an  extra  issued  this  day,  and  a  cojiy  of  my  proclamation  calliuj,(  for  300 
men  in  addition  to  those  already  in  the  field  ;  and  it  is  not  at  all  inii)r<>l)al)le  l)ut 
I  may  have  to  call  a  larj^e  number  of  men  into  the  fit  Id  to  protect  the  Willamette 
valley.  I  am  ^'^'^  Ibat  we  have  been  visited  by  Maj.  Ilardie,  as  he  can  on  his  n- 
turn,  inform  you  more  fully  of  our  situation  than  I  can  by  IcUer.  I  rcjjret  (hat 
circumstances  are  such  that  this  j^entlcman  returns  without  the  aid  you  expccte<l 
to  receive  from  Orc.ijon,  and  sincerely  trust  ihat  you  will  not  lay  it  to  our  want  of 
patriotism,  for  I  assure  you  that  nothinjr  would  have  affoided  me  more  j.leasnre 
than  to  have  mot  the  call  of  your  lAcillency,  and  I  have  not  a  dcmbt  but  that  it 
would  have  been  cheerftilly  responded  to  by  our  citizens.  I  have  the  honor  to  be 
your  obedient  servant.  GEO.    AHI<;RNIvTH V, 

To  his  Pvxcellency  Gov.  of  Orev^on. 

R.  R.  Mason,  Gov.  of  California. 


Gov.  Abernethy  at  the  same  time  wrote  to  President  Polk  the  fol- 
lowing letter  to  be  sent  by  the  Aeitn  on  her  return  to  California,  to 
be  forwarded  by  the  first  opportunity  ; 

Orkgon  City,  April  3,  1S4S. 
vSlR.  I  am  aware  that  nuicli  of  your  time  is  occupied,  and  shall  be  brief  in 
my  remarks,  hopirig  the  importance  of  the  case,  will  excuse  this  liberty.  .\  copy 
of  the  memorial  passed  by  the  IvCgislature  at  its  last  session,  together  with  i)apcrs 
containing  the  account  of  the  massacre  of  Dr.  Whitman  and  others  at  Waiilatpu 
by  the  Cayuse  Indians,  were  forwarded  to  Congress  by  Mr.  J.  L.  Meek.  I  also 
forwarded  an  application  via  California.  As  Mr.  Meek  left  Walla  \7alla  on  the  4th 
ult.,  he  will  no  doubt  reach  you  in  May.  I  send  with  this  a  file  of  the  Spcciator, 
and  an  extra  issued  to-day,  together  with  my  proclamation  by  which  you  will  per- 
ceive that  we  are  carrying  on  a  war  with  the  Indians  of  the  interior.  Sometime 
since,  commissioners  were  sent  up  to  treat  with  the  different  tribes,  am'  endeavor 
to  detach  them  from  the  Cayuses.  They  effected  a  great  deal,  the  Walla  Wallas,  Nes 
Perces  and  other  tribes,  accepted  presents  and  declared  they  would  remain  friendly 
with  the  whites,  still  there  are  a  great  many  that  will  unite  with  the  murderers;  all 
the  restless  and  turbulent  spirits  among  the  different  tribes,  those  that  were  guilty 
of  robbing  the  immigrants  last  fall,  and  many  who  look  with  a  jealous  eye  on  the 
inroads  of  the  white  man.  So  that  it  is  to  be  feared  that  a  large  party,  will  take 
to  the  field  against  us.  Our  settlers  are  scattered  through  the  different  valleys, 
many  of  them  isolated  and  lying  in  such  a  position,  that  they  could  be  swept  ofl' 
in  a  night,  and  the  Indians  be  in  the  rouutains  out  of  reach  next  morning.  Our 
policy  is  to  keep  the  Indians  busy  in  protecting  their  families  and  stock  in  their 
own  country,  and  by  this  means  keep  them  out  of  the  valley  ;  and  we  hope  we 
shall  succeed,  but  wc  have  no  money,  no  munitions  of  war.  Our  patriotic  volun- 
teers are  destitute  of  clothing,  tents  and  provisions,  even  while  in  the  field,  still 
they  are  there  in  good  spirits  and  determined  to  fight  to  the  la.st.  Our  powder  is 
gathered  up  in  half  pounds  and  parcels.  As  the  settlers  have  brought  more  or  less 
in  for  their  own  use,  this  will  soon  give  out.  I  have  written  to  Gov.  Mason  of  Cal- 
ifornia for  a  supply  of  powder  and  lead,  which  I  hope  will  come  by  first  oppor- 
tunity.    I  have  also  written  to  Commodore  vShubrick  to  send  us  a  sloop-of-war  to 


% 


1847 


1847 


PROVISIONAL   GOVKKNMKNT. 


373 


:M  jiicocs, 
IhiiiK  that 
in  furnish- 

of  March 
11}^  for  ,V)C) 
<)l)ablc  hul 
.Villamelte 

on  his  re- 
rcgri'l  that 
II  cxpcctefl 
nr  want  of 
10  j.lcasiire 
hnl  that  it 
iinor  to  be 
•TUV, 

Oiei^on. 


k  the  fol- 
ifornia,  to 


i,  1S4S. 
be  brief  in 
y.  A  copy 
with  i)apcrs 
t  Waiilatpu 
;ek.  I  also 
I  on  the  4th 
e  Spi'ctalor, 
on  will  per- 

Sonielinie 
K;  endeavor 
Wallas,  Nes 
ain  friendly 
iirderers;  all 
were  guilty 
5  eye  on  the 
Ly,  will  take 
■ent  valleys, 
be  swept  ofi' 
rninjr.  Our 
ock  in  their 
we  hope  we 
riotic  volnn- 
le  field,  still 
XT  pcjwder  is 
more  or  less 
lason  of  Cal- 

first  oppor- 
op-of-war  to 


lie  in  our  river  to  show  the  Indians  that  we  have  forca  that  can  be  brought  into 
this  country  if  necessary.  Fear,  and  fear  only,  rules  and  controls  Indians.  Know- 
ing this,  they  have  been  informed  that  we  expect  a  man-of-war  this  summer,  and 
as  soon  as  our  Great  Chief  hears  that  his  people  have  been  murdered,  he  will  send 
some  of  his  chiefs  here  to  punish  the  murderers.  Should  this  pass  off  and  we  re- 
ceive no  visit  from  our  man-of-war  and  no  troops  are  sent  into  the  Territory,  our 
situation  will  not  be  an  enviable  one.  The  Indians  will  say  all  this  has  been  said 
to  frighten  us,  see,  their  ships  have  not  come  ;  their  soldiers  have  not  come,  do  not 
let  us  be  afraid  any  longer.  Probably  a  large  immigration  will  be  on  their  wiy  to 
this  Territory  this  summer.  I  hope  that  troops  will  accompany  them,  for  the  In- 
dians are  well  aware  of  their  route,  and  the  time  of  their  coming,  and  if  not  pro- 
tected, they  will  very  likely  go  on  to  meet  them,  and  rob,  plunder  and  murder  all  par- 
ties not  strong  enough  to  resist  them.  They  robbed  them  last  year;  they  will,  I  fear; 
proceed  further  this  year.  I  hope  sincerely,  whether  Congress  passes  a  bill  to  ex- 
tend the  jurisdiction  of  the  United  States  over  us  or  not,  that  at  least  one  regiment 
will  be  sent  into  Oregon  to  protect  us  from  the  Indians  and  to  protect  immigration 
on  their  way  hither.  Col.  Gilliam,  as  yon  will  perceive  by  the  extra  accompany- 
ing this,  was  accideutly  shot  on  his  way  from  Waiilatpu  to  The  Dalles.  The  Col- 
onel was  a  brave  man,  and  his  loss  is  much  regretted.  He  was  appointed  by  your 
Excellency  to  the  office  of  "  Agent  of  the  post-office  department.''  Nothing  was 
ever  efTected  in  that  department,  as  an  advertisement  was  put  in  the  paper  offering 
to  let  contracts.butas  the  contractor  was  only  to  get  his  pay  out  ofthe  proceeds  of  the 
office,  and  even  that  could  not  be  guaranteed  to  him  for  four  years,  no  one  would 
enter  into  a  contract  to  carry  the  mail,  consequently  no  mail  has  been  started  in 
this  Territory  under  the  authority  of  the  United  States. 

I'eeling  confident  that  you  will  aid  us  in  our  present  difficulties,  I  have  placed 
before  you  briefly  our  situation,  merely  stating  in  conclusion,  we  have  told  the 
Indians,  in  order  to  prevent  them  uniting  against  us,  that  troops  and  vessels  of 
war  would  soon  be  here.     I  have  the  honor  to  remain,  your  obedient  servant. 
To  his  I'Iscellency,  _  GEO.  ARERNETHY, 

jA.Mics  K.  PuivK,  President  of  United  States.  Gov.  of  Oregon. 

We  will  DOW  turn  to  the  events  tniuspiriug  in  the  Willamette  valley, 
which  were  of  an  exciting  nature,  but  generally  overlooked  as  the  ab- 
.sorbing  interest  centered  in  the  Cayu.se  country.  The  battle  of  Abi- 
(jua  fought  March  8,  184S,  although  not  a  severe  one,  was  decisive  in 
its  effect  in  its  st()pi)ing  the  Klamath  Indians  from  entering  the  Wil- 
lamette valley,  as  they  had  aiuuially  done  for  years  during  the  winter 
months.  The  narrative  of  the  engagement  is  given  as  related  by  Mr. 
Johii  Warnock,  a  resident  at  the  time  in  that  neighborhood  and  a  par- 
ticipant.    He  says  : 

"  iMoni  1843,  and  how  long  lielbre  I  know  not,  the  Klamath  Indians  were  in 
the  habit  of  bringing  into  this  valley  (  Willamette  )  a  number  of  Indian  children 
as  slaves  or  '  alytcs,'  as  Ihcy  styled  them.  These  they  traded  to  the  Indians  ofthe 
valley  and  the  I-rench  settlers  for  Indian  horses.  These  Indians  made  it  a  point  to 
pass  the  winter  in  the  valley,  depredating  on  the  whites,  killing  cattle,  robbing 
houses  and  intiniidating  the  fearful  for  blackmail ;  and  as  they  intermarried  with 
the  Molallas,  they  chose  the  section  of  country  inhabited  by  that  tribe  for  their 
temporary  residence.     This  tribal  relation  made  it  very  convenient  and  somewhat 


;  i 


374 


brown's  political  history. 


1847 


Ili'J 


Hi; 


:i 


plausil)le  for  the  Molallas  to  lay  any  disaj^rceable  responsibilities  upon  their  visit- 
ors, the  Klamaths,  who  in  tnrii  seemed  to  care  little  for  their  repntation  so  far 
from  home.  The  Molallas,  too,  were  notorious  depredators,  killin^j  stock,  stealing 
from  houses,  extorting  provisions  and  gootl  dinners  from  women  in  the  al)seuce  of 
their  protectors,  hut  no  charge  of  rascality  could  he  made  to  stick  against  a  Molalla, 
while  the  Klamalhs  could  be  made  the  scapegoat  of  such  sins.  The  depredations 
duriuj*  the  winter  of  1847-8  had  increased  to  an  alarming  extent,  and  there  was  a 
gri>wing  conviction  among  the  inhabitants  of  the  eastern  portion  of  Marion  county 
that  the  Klamaths  must  return  home. 

To  increase  the  general  anxiety  two  strange  Indians  from  the  cast  of  the  Cas- 
cade mountains,  Cayuse  spies  or  emissaries,  arrived  at  the  Klamatli  an<l  Molalla 
camp  about  the  istof  March.  The  whites  in  the  vicinity  of  the  Indian  camp,  be- 
ing apprised  of  their  hostile  intent,  and  fearing  a  general  outbreak  in  concert  with 
the  Cayuses,  now  openly  hostile,  determined  to  forestall  their  designs.  Accord- 
ingly John  Warnock,  M.  Whitlock,  R.  Miller,  Wm.  Langlois,  Lauren  Thomas, 
John  Stanton,  M.  Wilkins  and  several  others,  started  to  the  Indian  camp  to  obtain 
positive  information  upon  the  subject  in  which  the  white  families  of  this  valley 
were  so  vitally  inti  rested.  When  half-way  to  the  camp,  they  met  the  Cayuses  re- 
turning on  foot  and  quietly  took  them  prisoners.  To  all  questions  as  to  their  busi- 
ness they  refused  to  answer,  and  spoke  very  defiantly  ;  they  also  said  that  the  Klam- 
afhs  would  not  leave,  that  they  would  take  to  the  brush,  and  the  whites  could  not 
dislodge  them.  The  prisoners  were  placed  upon  the  point  >f  a  precipice,  about 
forty  feet  high,  over  the  Abiqua,  and  three  men  left  to  guard  them,  while  the  re- 
mainder of  the  party  proceeded  to  the  camp  to  question  Cooster,  the  Molalla  chief. 
Cooster  refused  to  be  interviewed  concerning  the  spies,  and  claimed  the  right  of 
the  Klamaths  to  stay,  and  that  he  would  protect  them.  During  the  interview,  guns 
were  heard  in  the  direction  of  the  spies,  and  soon  after  the  guard  were  met  outside 
the  camp  bringing  the  news,  that  the  spies  had  jumped  off  of  the  precipice  into  the 
river  and  fled,  and  the  guard  had  fired  on  them,  but  without  effect. 

A  short  time  after  daybreak  on  the  3d  and  4th  of  March,  the  combined  forces 
of  the  Klamaths  and  Molallas,  armed  and  equipped  in  war  paint  and  Teathers,  ex- 
ercising their  lungs  with  the  war  whoop,  presented  themselves  at  the  house  of  John 
Warnock  and  demanded  that  he  should  go  with  them  as  interperter  to  Mr.  Richard 
Miller's,  whom  they  considered  a  hyas  tyee  (  great  chief )  among  the  whites,  and 
of  whom  they  demanded  five  horses  as  payment  for  the  two  Cayuses  killed  two 
days  before.  The  foundation  of  their  claim,  however  was  poor,  as  Mr.  Warnock 
had  seen  the  spies  alive  and  well  the  day  before,  and  one  of  them  showed  him  a 
lock  of  hair  which  he  said  had  been  cut  from  his  head  by  a  bullet  shot  by  one  of 
the  guards.  So  Mr.  Miller  gave  them  a  decided  negative  to  their  demands  ;  his 
pantry  suffering  however.  The  passage  of  that  warlike  cavalcade  of  some  seventy- 
five  Indians  over  a  distance  of  two  miles,  was  not  unheralded,  and  lx:fore  the  sun 
went  down,  the  white  inhabitants  of  Molalla,  Howell  Prairie,  Waldo  Hills  and  the 
Santiam,  were  aroused  and  in  motion,  and  before  the  Indians  had  ceas'ed  threaten- 
ing Mr.  Miller,  those  settlers  nearest  the  scene  of  action,  seized  their  rifles  and 
began  to  gather  around  the  hostile  savages,  who  sought  the  fastnesses  of  their  rock 
walled  and  brush  covered  camp  on  the  Abiqua  bottom. 

The  next  morning,  the  settlers  had  collected  in  considerable  force.  There 
were  Capt.  Allen  Davye  and  a  company  of  horsemen,  Capt.  Ralph  C.  Gccr,  with 
his  company,  Capt.  R.  Miller  and  his  company  of  neighbors — all  of  the  companies 
being  depleted  by  the  call  of  the  Cayuse  war.  After  a  council  of  war.  Uncle  Daniel 
Waldo  was  chosen  Colonel,  and  the  troops  proceeded  in  two  divisions,  the  horse- 


•wFTff^ 


1847 


PROVISIONAL   GOVERNMENT. 


375 


men  on  the  north  or  prairie  side,  and  the  footmen  on  the  south  and  densely  brushy 
side  of  the  Abiijua  to  invest  the  Molalla  and  Khimatli  camp.  The  first  notice  we 
on  the  south  side  had  of  the  proximity  of  the  enemy,  was  a  flight  of  arrows, 
when  the  firing  on  the  ])art  of  the  whites  l)ecame  general.  But  a  short  time  elapsed 
until  the  chief  Kat-ka,  and  two  other  Indians  were  killed,  when  the  Klamaths  re- 
treated. The  Molallas  took  no  part  in  the  engagement  anil  were  unmolested. 
The  white  troops  upon  the  north  side  were  within  a  few  rods  of  the  affray,  but 
were  held  in  reserve,  or,  rather,  gould  not  render  any  assistance  without  abandon- 
ing their  horses,  and  the  surveillance  they  were  keeping  over  the  Molallas,  of  whose 
course  in  the  contest,  all  was  uncertainty.  A  cold  dri/./.ling  rain  had  commenced 
early  in  the  morning,  and  the  brush  was  loaded  and  constantly  dripping,  so  that 
after  a  few  discharges,  more  than  threeforths  of  the  guns  were  useless.  Under 
this  state  of  things,  the  troops  returned  to  the  place  of  rendezvous  at  John  Warnock's. 
As  nothing  was  known  of  the  retreating  Klamaths,  and  fearing  that  they  might 
start  homeward,  committing  depredations  on  their  route,  those  persons  living  near 
the  Klamath  trail,  returned  home  to  care  of  their  families.  About  forty  remained, 
and  the  next  morning  proceeded  up  the  Abitjna  to  ascertain  the  whereabouts  of  the 
Klamaths.  A  light  snow  having  fallen  during  the  night,  their  trail  was  soon  dis- 
covered antl  they  were  tracked  to  a  camp,  surrounded  by  swampy  ground,  where 
they  could  have  defended  themselves  sucessfully  against  treble  their  number.  A 
flight  of  arrows  as  before,  summoned  the  whites  to  the  encounter.  The  action 
was  brief  but  deadly.  The  chief  Red  Blanket  and  several  others  were  killed,  when 
the  remainder  betook  themselves  to  the  mountains.  One  of  their  squaws  being 
wounded  and  unable  to  escape,  was  commissioned  to  carry  to  the  survivors  the 
assurance  they  could  have  three  days  in  which  to  bury  their  dead  and  start  home. 
The  Molallas  have  given  the  number  of  killed  repeatedly  to  their  friends 
among  the  whites,  and  that  is  probably  the  best  evidence  obtainable.  I  give  the 
number  at  eleven  upon  the  battle  ground,  and  there  is  evidence  to  show  that  one 
or  more  died  on  their  return,  which  was  made  indeed  mournful  by  the  constant 
chant  of  their  death  song  for  the  unreturning braves.  There  were  no  whites  killed, 
and  only  one,  Mr.  James  Stanley,  who  lived  on  a  farm  near  Salem,  slightly  wounded 
in  the  right  breast  by  an  arrow.  There  was  also  one  squaw  killed  besides  the  one 
spoken  of  as  wounded.  They  fought  as  bravely  as  the  men,  and  in  the  melee,  not 
being  readilj  distinguishable  were  shot." 


About  this  time,  the  people  of  Benton  and  Polk  counties  were  hav- 
ing .some  trouble  with  the  valley  Indians,  and  marauding  parties  from 
Tillatnook  who  committed  some  robberies,  burned  a  house  and  killed 
an  old  man  who  was  living  alone  near  the  line  of  Yamhill  county.  On 
March  1 2th  Hon.  Jesse  Applegate  wrote  a  letter  to  Gov.  Abernethy  as 
follows  :  "  The  people  of  Benton  county  have  ugain  come  into  collis- 
ion with  the  Calapooia  Indians.  Two  Indians  were  slaiu  and  ten  others 
taken  and  scourged  severely,  and  lastly,  the  Killamooks  from  the  coast 
have  committed  some  robberies  in  Yamhill. ' '  The  Spectator  of  March 
23d  says  :  "  We  learn  that  in  the  upper  portion  of  this  valley,  several 
of  the  Calapooia  Indians  have  been  severely  whipped  by  the  whites. 
It  is  said  that  the  Indians  commenced  stealing  the  cattle  of  the  whites, 
and  continued  it,  although  warned  to  desist,  until  the  whites  rallied. 


1    , 


■I 


i 

'1 


; 


376 


brown's  poIvITicak  history. 


r«47 


followed  and  overtook  the  Indians  while  driving^offa  nntnher  of  cattle, 
and  severely  whipped  ten  of  their  nnniher."  The  last  mentioned 
tronhle  occnrred  previous  to  the  battle  of  Abiqua,  and  there  is  tio  doubt 
that  if  the  Klaniuths  had  not  met  with  such  a  sanguinary  defeat,  and 
that  defeat  in  the  presence  of  their  friends,  the  Molallas,  there  would 
have  been  serious  trouble  with  the  valley  Indians.  But  the  result  of 
that  battle  was  quickly  known  by  them  all,  and  they  remained  quiet, 
believing  that  the  whites  could  and  would  annihilate  them. 

Having  disposed  of  the  most  material  incidents  of  the  valley,  we 
will  now  return  to  the  army  invading  the  Cay  use  country. 

Waiilatpu,  March  ro,  1S4S. 
Gov.  Ahernrthv, — Sir.  IJttle  has  transpired  since  my  hist,  cxcej)!  the  in- 
terview the  conunissioners  have  had  with  the  Ne/  Perce  Indians,  of  which  they 
will  inform  you  as  they  leave  here  to-morrow  for  the  valley.  The  enemy  are  en- 
camped on  a  creek  about  twenty-five  miles  from  this  place,  and  it  is  supposed  tliey 
are  fortifyinjf.  I  am  informed  by  the  friendly  Indians  that  they  are  upwards  of  400 
in  number.  I  shall  however  leave  here  tomorrow  with  about  250  men,  which  are 
all  that  can  be  spared  from  this  place.  It  is  absolutely  necessary  that  mure  men 
should  be  sent  on  immediately,  to  enable  me  to  keep  the  field.  The  number  of 
men  who  have  Ijcen  left  at  The  Dalles  and  will  be  left  at  this  place,  reduces  tlie 
force  too  much  to  carry  on  operations  as  effectually  as  I  wish.  Every  e-xcrtion 
should  be  made  to  forward  men.  If  men  can  be  obtained  for  three  months,  send 
them  on.  Some  of  the  men's  terms  will  expire  shortly  and  every  one  almost  will 
wish  to  go  home.  Reef  in  abundance  can  be  obtained  of  the  best  quality  for  a  large 
number  of  men,  and  by  having  a  large  force,  the  Indians  will  soon  be  compelled 
to  submit,  and  thus  bring  the  war  to  a  close  much  sooner. 

Yours  respectfully,  C.  GIIJJAM, 

Col.    /si  Reg.   O.  R. 

When  the  peace  commissioners  met  at  The  Dalles,  they  wrote  a 
letter  to  the  Yakima  chiefs,  and  sent  them  a  present  of  tobacco,  a  flag, 
and  other  articles  to  propitiate  them.  This  letter  was  taken  to  Bishop 
Blanchet,  who  read  and  had  it  interpreted.  The  following  re[)ly  was 
sent  by  the  Bishop  to  the  commander  of  the  army  : 

[Translated.]  Camp  ok  Ciaihs,  Feb.  16,  ]8|S. 

M.  CoMMANDKk.  The  Yakima  chief  Ciaies  and  vSklo  have  just  presented  me 
a  letter  signed  by  Messrs.  Joel  I'almer,  Robert  Newell  and  II.  A.  G.  Lee,  which  I 
have  read,  and  a  young  Indian,  son  of  one  of  the  chiefs  translated  it  to  them  in  the 
Yakitna  language.  The  chiefs  above  mentioned,  charged  me  to  saytoyiui  in  their 
name,  in  those  of  Carnaiareun  aiul  of  Chananaie,  that  they  accept  with  acknowl- 
cdgcniont  the  tobacco  and  the  l)anner  which  you  sent  them.  They  have  resolved 
to  follow  your  counsel  and  not  unite  themselves  with  the  Cayuse,  but  to  remain  at 
rest  on  their  lands.  On  my  arrival  at  the  campjof  Ciaies,  that  chief  assured  mc  that 
he  would  not  join  the  Cayuses.     I  could  but  see  with  the  greatest  of  pleasure,  lis- 


r^l 


I.S47 

:r  of  cattle, 
mentioned 
s  no  doubt 
lefeat,  and 
lere  would 
le  result  of 
ined  quiet, 

valley,  we 


I  ro,  1S4S. 
xcei)t  the  in- 
which  they 
leiny  are  eii- 
ippoHcd  they 
awards  ef4cK> 
11,  whirh  are 
at  mure  men 
le  number  of 
,  reduces  the 
;ery  exertion 
nonths,  send 
li  almost  will 
ty  for  a  large 
je  compelled 

JAM, 


ey  wrote  a 
.ceo,  a  11  ag, 
1  to  Bishop 
re[)ly  was 


X  16,  i8t8. 
iresented  me 
IvCe,  which  I 
>  them  in  the 
)  you  in  their 
ith  acknowl- 
lavc  resolved 
to  remain  at 
suredmcthat 
jleasure,  lis- 


1847 


I'KOVISIONAL   GOVICKNMKNT. 


377 


ixjsitions  whicli  will   prevent  the  spilling  of  blood,  and  which  will   facilitate  the 
means  of  instructin>.i  those  Indians.       Vour  humble  servant. 


'aj^^SL 


^//U^^^^mjU  c/*;//  yajLp^nt**^* 


Mr.    Peter  vSkeeii  Os^deii  wrote  the  following  incjuiry  and  advisory 

letter  which  also  evinces  some  nervousne.ss  on  the  Indian  question. 

We  give  the  letter  as  it  is  ; 

Vancouver,  March  21,   1S48. 
Mt .  George  Ahcrnelhy, 

Mv  Dear  Sir.  I  duly  received  your  note  with  the  letter  enclosed,  which  has 
been  duly  forwarded  to  the  States,  and  trust  it  will  reach  its  destination  in  safety. 
Our  express,  three  boats,  thirty  men,  three  gentlemen  and  our  Bishop,  all  well 
armed,  left  yesterday  afternoon,  and  the  precaution  has  been  taken  to  have  thirty 
horses  in  ca.se  they  cinu'.i  proceed  with  the  boats,  as  the  express  must  go  on  to  its 
destination.  Pray,  what  is  the  object  of  Woodwortli's  visit?  For  volunteers  in 
numbers,  it  cannot  be  !  His  ship  being  too  small,  nor  can  the  country  afford  in  its 
present  unsettled  state  of  affairs  in  the  interior  ;  and  I  fear,  likely  to  be  in  the  upper 
part  of  the  Willamette,  if  reports  are  to  be  relied  upon,  spare  any.  I  fear  it  will 
recpiire  all  to  protect  our  adopted  country.  Appearances  have  a  gloomy  aspect, 
may  we  hope  it  will  soon  ptss  away,  and  that  brighter  days  are  in  store  for  us.  I 
have  written  to  my  friends  on  the  east  side  and  forwarded  those  you  sent.  On  the 
arrival  of  our  boats  at  Walla  Walla,  a  party  will  return  to  this  place  and  if  Newell 
does  not  arrive  from  the  interior,  we  shall  then  have  no  news  from  the  army.  Mr. 
.McHean  has  a  good  opinion  of  the  commissioners,  and  writes  me  they  acted  with 
judgment,  but  fears  the  General  will  connnit  some  rash  act.  What  does  Camp- 
boll'  report  in  regard  to  the  intentions  of  the  American  government  in  regard  to 
Oregon  ?  Do  they  intend  to  let  it  stand  over  until  the  Mexican  affairs  are  finally 
settle<l.  r  hops  not,  it  is  now  more  than  full  time  decisive  measures  should  be 
adopted  for  the  safety  of  one  and  all.  You  have  certainly  done  your  part  well,  and 
iftlie  Government  would  but  liberally  supply  the  sinews  of  war — money, the  country 
can  well  be  defended  with  her  own  resources.  You  ought  to  have  forwarded  a  du- 
plicate of  all  your  dispatches  by  our  express  in  July,-  and  they  would  be  in  Wash- 
ington, if  ;\Ieek  doe^  escape,  they  will  not  be  there  long  before  that. 

Yours  truly,  PKTKR  SKIvEN  OG   •'  N. 

The  peace  commi.ssioners  returjted  to  Oregon  City  on  March  23, 
1S48.  On  their  way  down,  they  held  a  conference  with  the  Des  Chutes 
Indians,  and  they  promised  to  remain  friendly  with  the  whites  and  give 
no  assistance  to  the  Cayuses.  This  in  conjunction  with  the  neutrality 
of  the  Nez  Pcrces,  Walla  Wallas,  Yakimas,  and  a  portion  of  the  Cay- 
use  Indians,  lelt  the  hostile  portion  of  that  tribe  ostracised  and  more 

I  John  O.  Ciimphell  had  K'""-'  to  Uie  St.ites  in  1^.(6-7,  and  relurned  via  Sandwich  Islands  on  tlie 
Ilritish  harcine  7(1  ;/<•/. 

2'rhi8  was  the  annual  II.  B.  C.  express  up  the  Culuiubia  and  acros.s  the  continent  to  Montreal. 


1 

1 

m\ 

i 

i  ■  II 

378 


brown's  political  history. 


1847 


easily  haiullcd.  This  news  caused  general  rejoicitij,'^  throuj^hout  the 
valley,  and  while  the  people  were  exchaii>;iiiK  eoiiiL^'ratulatious,  tlii' 
news  came  that  Col.  Oilliani  had  lost  his  life  by  accitlent  as  he  was  re- 
turning; from  Iu)rt  Waters  to  I'ort  Waseopam  lor  provisions;  thus  un- 
timely was  cut  Nhort  the  lile  of  Cornelius  (iilliam,  a  man  well  worthy 
ol  the  position  assij^ned  to  him. 

The  following  letter  written  by  Capt.  H.  J.  G.  Maxon,  will  well 
repay  perusal,  as  it  gives  a!i  account  of  the  battle  on  thcTucanon.  I 
follow  the  si)elling  as  used  at  that  time  : 

l-'oRT  Wascoi'am,  March  2.S,   1H4H. 

Anj.  CrKN'r,.  I.ovKJOV.  It  hrcotiips  my  painful  duty  to  loiniuuuirato  to  you 
the  sudden  and  unexpected  de.ith  of  Col.  Corjiclius  ('.illi;iin,  who  was  st  hy  ac- 
cident on  the  24th  inst.,  whilst  on  liis  way  tt)  this  place.  I  was  at  soni  listance 
from  the  wa>,'on  where  the  accident  occurred,  and  therefore  refer  you  to  .ic  notes 
of  his  hruthcr-in-law  and  son-in-law  for  i)articulars.  The  notes  arc  herewith  trans- 
mitted. 

The  remoteness  of  superior  officers,  the  seniority  of  my  conniiission  in  thi.s  di- 
vision of  the  service,  toxelher  with  our  present  report  to  \  ou  of  the  recent  proceed- 
ings and  present  condition  of  the  army.  Vou  are  douhlless  advised  of  ouri)rocecdings 
up  to  the  loth  inst.,  at  which  time  we  left  Fort  Waters  with  about  200  men,  and 
proceeded  in  search  of  the  enemy  as  far  north  as  the  Touchet  river  ;  at  which  place 
we  met  vSticcas  with  a  portion  of  Dr.  Whitman's  property  that  he  had  induced  the 
murderers  to  give  up.  Some  fifty  head  of  cattle,  half  that  number  of  sheep,  a  dozen 
horses,  $20(i  worth  of  clothing,  and  #56  in  cash,  was  all  he  could  oDtain.  On  the 
morning  of  the  i8th,  Capt.  English  with  a  number  of  others,  whose  horses  were 
too  much  reduced  to  contitme  the  pursuit,  were  orde.  ^d  back  to  the  fort  witli  the 
property — and  the  remainder,  158  men,  continued  the  pursuit  until  2  P.  M.,  when  we 
encamp'.  d  at  a  spring  in  he  vicinity  of  the  river  Tucannon.  There,  Johnson,  We- 
teploleski's  son,  came  t<  us  with  assurance  of  friendship  from  the  Vonug  Chief, 
and  solemn  declaration  .   hat  he  would  have  nothing  to  do  in  the  matter.    Johnson 

g  Chief  was  encamped  on  the  river  a  short  distance  above 
;id  dispersed — Tamsuky  had  gone  to  the  land  of  the  Red 
.-emainder  of  the  murderers  had  gone  the  preceding  day 
river  Tucanon,  to  cross  Snake  river  into  the  land  of  the 
Palouses.  At  dark,  we  iiounted  and  proceeded  to  the  mouth  of  the  Tucanon  in 
the  vicinity  of  which  we  arrived  about  two  hours  before  day,  when  we  discovered 
we  were  amongst  their  stock.  We  rested  until  daybreak,  when  we  moved  down 
upon  them  wholly  unperceived,  until  within  half  a  mile  of  their  camp.  Though 
their  surprise,  dismay  and  consternation,  were  indescribable,  it  nevertheless  failed  to 
deprive  them  of  their  long  sighted  policy  of  cunning  and  deception,  by  which  they 
have  so  often  escaped  our  vigilance,  and  upon  which  without  a  hundred  advant- 
ages, they  had  always  rather  depend  than  the  force  of  their  arms. 

When  within  400  yards  of  their  camp,  we  were  met  by  an  old  man  unarmed 
with  one  hand  on  his  head,  the  other  on  his  heart — assuring  us  they  were  friends, 
the  people  of  the  Yellow  vSerpent,  and  would  not  fight  us.  That  the  murderers 
were  gone,  and  our  only  resource  would  be  to  take  their  stock,  with  which  the 
hills  around  were  covered.  We  went  to  their  camp — found  all  the  men  painted 
and  armed,  but  from  their  repeated  assurance  of  friendship  were  ordered  not  to 


informed  us  that  the  Yc 
us.     The  enemy  divided 
Wolf.     Tiloquoit,  and  tt 
down  to  the  mouth  of  tl; 


"Tf 


1847 

ii^hout  the 
itit)iis,  tliL' 
Ik-  was  rc- 
s;  thus  tiii- 
/cll  worths 

1,  will  well 
ucaiioii.     I 


1  2S,  i«48. 
iiicato  to  you 
is  si  by  ac- 
otii  listancf 
I  to  ..ic  notes 
rcwith  traiis- 

ou  in  this  di- 
ceiit  proceed 
rj)rocec(hngs 
•00  men,  atxl 
which  place 
I  ituluced  the 
heep,  a  dozen 
ain.  On  the 
e  horses  were 
fort  with  the 
M. ,  when  we 
ohnson,  Wc- 
Voiiug  Chief, 
er.  Johnson 
istance  abovfj 
id  of  the  R'jd 
•receding  day 
e  land  of  the 
;  Tucanou  in 
vc  discovered 
moved  down 
np.  Though 
eless  failed  to 
y  which  they 
idrcd  advant- 

lan  unarmed 
were  friends, 
he  murderers 
th  which  the 
men  painted 
irdered  not  to 


1847 


PROVISIONAL   GOVERNMENT. 


37Q 


fire,  hut  to  proceed  to  the  hills  and  r<»llpcl  thrlr  slock.  When  we  reached  the  high- 
lands, we  saw  Suake  river  just  helow,  full  of  stock,  switnniing  over  and  thousands 
ascending  the  opposite  hank.  Wo  succoe  '  d  however  i:i  securing  ahout  500  hearl 
(if  horses  and  cattle,  and  proceeded  ahoul  one  mile  on  our  route  to  the  fort,  when 
we  were  attacked  in  the  rearliy  a  large  party  of  Indians;  those  we  had  just  spareil  and 
I'alouses  to  the  numhei  o(  ahoul  400.  We  contiuued  a  very  warm  marching  fight 
until  about  dark,  when  we  encamped  on  a  small  stream  without  footl  or  fire,  They 
were  shooting  in  our  camp  all  iiiglit  and  annoyed  our  guard  so  much,  that  we 
uirned  out  the  stock.  At  daylight  we  renewed  j)ur  inanh  and  with  it  the  light,  as  vig- 
orously as  on  thedav  jireceding  until  within  two  milesoffouchet  crossing,  when  the 
enemy  chargetl  at  full  speed  to  the  river  to  get  possessiim  of  the  brush  at  the  ford, 
ill  which,  owing  to  the  swiftness  of  their  horses  they  paslially  succeeded.  The 
history  of  savage  warfare  contaiiis  few  instances  of  greater  Indian  piowessand  dar- 
ing, than  the  scene  whiclj  followed.  The  struggle  for  the  ford  was  obstinate  for  some 
lime,  the  fire  of  the  coir './ataiits  mingled  together,  evinced  the  obstinancy  of  the 
combat.  And  here  I  must  say  had  it  not  been  for  the  bold  ami  decided  stand  of  a 
few  young  men  at  the  most  vulnerat)lei)<)int,  the  army  must  have  sustained  a  heavy 
loss  in  cros^'Mg  the  stream,  perhaps  have  been  thrown  into  confusion  and  cut  to 
jiieces,  In  in  liour,  the  sound  of  our  rifles  had  hushed.  We  were  all  over  the  river 
alive,  and  but  nine  or  ten  wounded,  none  mortally.  It  was  not  so  with  our  enemy. 
The  deafening  roar  of  their  musketry  which  had  been  .sounding  in  our  cars  for 
thirty  hours  had  died  away.  Their  shrill  war  whoop  was  changed  to  the  melan- 
choly death  song  ;  while  a  number  of  their  lifeless  brothers  who  lay  on  the  field, 
hcan'  not  their  mournful  elegy.  They  called  off  their  warriors,  more  anxious  to 
leave    be  ford  of  the  Touchet  than  they  had  been  to  gain  it. 

We  moved  on  to  the  fort,  at  which  place  we  arrived  on  the  evening  of  the  i6th, 
worn  down  with  fatigue  and  hunger,  having  eaten  nothing  but  a  small  colt  for 
three  days.  Two  days  after,  a  council  of  ofTicers  was  convened,  in  which  it  was 
resolved  that  we  had  accomplished  all  we  could  without  more  men  and  aninmui- 
lion,  and  that  it  was  best  for  150  of  us  to  proceed  forthwith  to  this  place,  and  re- 
move a  sufficiency  of  ammunition,  and  confer  with  you  on  the  further  movemetits 
of  the  army.  Col.  Gilliam  was  accompanying  us  in  pursuance  of  this  resolu 
lion  when  the  fatal  accident  of  his  death  occurred,  at  the  springs  thi>  side  of  Uma- 
tilla river.  We  brought  with  us  all  the  wagons  but  two,  and  find  here  about  fifty 
tncn,  no  ammunition,  and  little  provisions. 

Something  must  be  done,  and  done  at  once,  or  we  must  abandon  the  war  and 
have  the  Indians  in  the  valley  in  a  mouth,  stealing  our  property  and  murdering 
the  frontier  families.  Wc  want,  and  want  very  much,  a  good  commander.  Col. 
Waters  will  not  accept  the  chief  conimand.  We  must  have  a  cjmmander  of  pru- 
dence, wi.sdom  and  perseverance,  and  above  all,  he  must  possess  the  entire  confi" 
dence  of  the  regiment.  You  have  three  there,  either  of  which  has  the  confidence  of 
Ihe  regiment.  Maj.  Lee  as  fully  as  any  other  man.  A  force  of  less  than  600  men  cannot 
successfully  carry  on  operations,  as  the  enemy  have  that  force  or  more  in  fifty 
miles  of  Fort  Waters.  What  men  we  have  are  in  a  destitute  situation.  Some  al- 
most without  clothing,  many  without  horses,  as  the  principal  portion  of  the  horses 
we  have  taken,  have  been  claimed  by  friendly  Indians  and  given  up  to  them. 
What  few  remain  not  worn  out,  are  in  the  haiuls  of  a  few  and  catmot  be  used. 
The  army  threatens  soon  to  be  disbanded  on  account  of  the  expiration  of  the  time 
of  many  who  have  made  short  enlistments.  Captains  McKay's  and  English's  com- 
panies claimed  to  have  enlisted  for  three  months.  Captain  Thomp,-,«;i  but  four 
months  ;  this  should  be  investigated.     There  are  150  of  our  boys  in  the  very  heart 


1 

f 

:' 

i 


380 


brown's  political  history. 


1847 


Ki. 


of  the  enemy's  country,  almost  without  ammunition — wholly  without  bread.  I 
shall  be  constrained  to  remain  here  until  I  receive  orders  from  you,  for  which  I 
shall  look  with  all  possible  speed.  Their  situation  is  truly  a  critical  one,  andtluTc 
is  no  ammunition  here  to  take  to  them.  If  there  is  a  continuatio.  -^f  operations, 
I  hope  there  will  be  more  patriotism  shown  in  the  Willamette  valley.  Indeed  tlicre 
nmst  be  or  we  are  lost,  h'athers  !  Please  evince  your  patriotism  by  sendinj^  a  liltlr 
bread  to  him  who  is  fighting  through  cold  and  hunger  to  protect  your  warm  and 
comfortable  hearths.  Mothers,  evince  that  pure  and  noble  patriotism  character- 
istic of  your  sex,  by  sending  up  a  few  warm  garments — and  daughters,  evince  your 
angelic  influence  for  your  country's  good,  by  withholding  your  fair  hand,  and  fairer 
smiles  from  'iiy  young  man  who  refuses  to  turn  out  to  defend  your  honor  and 
jour  country's  rights.  Were  this  universally  adojjted  in  the  valley,  there  would  1>l- 
old  batchelors  enough  to  close  this  matter  at  once. 

Mr.  Magonc  was  elected  Major  to  fill  the  place  of  Major  Lee,  if  he  does  not 
return.  Major  Magone  will  probably  need  a  commission,  as  we  have  suiTercd 
much  for  want  of  ours.  The  Spokanes  and  Pondcias  Have  sent  us  word  they  would 
join  us.  The  Colonel  wrote  to  them  if  they  would  deliver  him  up  the  murderers,  he 
would  give  them  the  property.  The  Des  Chutes  and  Walla  Wallas  both  would  licl]) 
us  if  necessary,  were  the  proper  course  taken  with  them.  Several  of  the  boys  arc 
quite  anxious  to  return  home  to  save  their  farms,  learning  that  some  men  who 
have  staid  at  home,  have  bi'cn  so  unmanly  as  to  occupy  tliem  in  tl'.eir  ahsciuc. 
A  decided  stand  of  the  citizens,  as  well  as  an  assurance  from  you,  that  their  riglil:^ 
will  be  protected,  would  be  productive  of  beneficial  results.  Yours, 

II.  J.  G.   MAXON, 
Capi.  ;ih  Co.,  O.  A'. 

Statements  referred  to  in  Captain  Maxon's  letter : 

Fort  Wascopam,  March  2.S,  1.S4S. 
We  were  within  fift\'  jards  of  the  deceased  Colonel  when  he  was  shot.  We 
heard  the  discharge  of  a  gun,  and  some  one  said,  "  there  is  a  man  shot."  We 
went  on  and  were  told  that  it  was  Col.  (lilliam.  When  we  arrived  at  the  spot,  we 
iucjuired  how  it  hapjiened,  and  were  informed  that  the  Colonel  went  to  the  hind 
part  of  the  wagou  to  get  a  rope,  to  stake  out  his  horse  with  ;  that  California'  re 
marked  that  he  would  get  it  for  him,  and  went  to  the  fore  ])art  of  the  wagon  for 
that  j)urpose,  and  cau,i.;lit  hold  of  a  mat  and  i>ulled  it,  when  a  gun  in  the  wagon 
discharged  ;  ami  it  was  supposed  tnat  the  cock  of  the  gun  caught  in  the  mat,  which 
was  the  cause  of  the  discharge.  A.  GAC^.E, 

WM.  vSIIAW. 

A.s  mentioned  in  Capt.  Maxon'.s  report,  the  connoil  tliat  had  l>een 
held  t(»  consider  the  situation  was  not  a  hartnoiuons  discnssion.  Col, 
Gilliam  was  in  I'avor  ot  calling  otit  all  the  men  possible  ami  giving  the 
Indians  a  thorough  thrashing,  thus  forcing  a  lasting  peace.  It  is  also 
evident  that  li'j  entertained  a  ver\-  poor  opinion  of  the  friendship  of  the 
surrounding  Indian  tribes,  and  especially  of  the  Cayuses  that  were  not 
directly  imjjlicated  i!i  the  mas.sacre,  and  were  evidently  taking  care  ol 

iCalifuniia  was  the  iiaine  tliiit  a  Mexlean  went  t>y  :iii(l  I  have  l>eeii  uiiahU'  Id  ascerlaiii  hi- 
tniciiatne.  Tliere  was  an  idea  enterlaimd  liy  some  Ui.it  the  Mcxiean  shi)l  (lie  CoIoirI  iduposcly 
I  have  been  told  th.al  a  hiekoiy  ram  ur  wipinjf  rod  was  in  the  Kmi  and  tliat  it  penetrated  tliu  C"! 
ouels  head,  causing  iustaut  deatli. 


i847 

T  without  bread.  I 
111  you,  for  which  I 
itical  one,  and  there 
atio.  ""f  operations, 
illey.  Iiidecil  tlicix- 
u  by  sending  a  litllu 
;ect  your  warm  and 
)atriotisui  charactcr- 
ughters,  evince  yonr 
fair  hand,  and  fairer 
end  your  honor  and 
lUey,  there  would  be 

Lee,  if  he  does  not 
IS  we  have  sulTered 
t  us  word  they  would 
up  the  murderers,  he 
dlas  both  would  hcl]) 
,'eral  of  the  boys  arc 
that  some  men  who 
:ni  in  tb.eir  absence 
^ou,  that  their  rights 
Yours, 

G.  MAXON, 
pt.  fth  Co.,  O.  A'. 


I,  IMarch  2.S,  iiS4,S. 
en  he  was  shot.  \Vc 
i  a  man  shot."  \Vc 
rived  at  the  spot,  wc 
uel  went  to  the  hind 
;  that  California'  re- 
art  of  the  wagon  for 
a  gun  in  the  wagon 
ght  in  the  mat,  which 
A.  GAOE, 
WM.  SHAW. 

loil  that  had  litcii 
discussion.     Col. 

)k'  and  giving  the 

peace.      It  is  also 

tViendshi[)  of  the 

uses  that  were  nol 

Illy  taking  care  ol 

II  iiiKitilc  I"  ;iscfil;iiii  lii~ 

III  the  CuIdihI  pmposciv 
thai  it  iJLiifttateil  tlic  C"l 


I.S47 


I'ROVI.SIONAL   GOVKKNM  I':NT, 


3S1 


the  stock  of  the  hostile  portion  of  the  tribe.  As  an  index  to  some  of 
the  oificer's  opinions  the  following  letter  from  Capt.  Leven  N.  English 
is  presented  : 

Wascopam,  March  2S,   18.48. 
Goz:  Aberuetliy: 

vSiR.  There  was  a  council  of  war  held  by  the  otTicers,  and  some  difiercnce  of 
opinion  c\i)ressed  in  rcg.ird  to  conducting  the  war.  I  do  not  think  it  necessary  to 
raise  ^kk)  men  to  be  sent  to  this  i):irt  of  the  country,  as  the  Indians  are  scattered, 
and  all  that  is  necessary  is  to  hold  the  two  forts  until  relieved  by  the  United  States 
ni.vernnuut.  I  do  not  think  it  necessary  for  me  to  remain  with  my  company  any 
b.nger  and  create  a  larger  debt  for  the  Government.  Capl.  Maxon  will  leave  The 
Dalles  with  ammunition  for  b'ort  Walla  Walla.     Yours  with  respect. 


The  peace  commissioners  returned  to  Oregon  City  from  their  mis- 
sion and  submitted  tlieir  report  to  the  Governor  (in.serted  after  the  fol- 
lowing letters)  and  evidently  considered  the  war  about  closed.     At  the 
time  they  started  to  rettirn,  Col.  Gilliam  with   his  command  marched 
for  Snake  river  and  foitght  the  liattle  of  Tucanon,  but  came  very  near 
near  being  defeated.     On  the  rettirn  to  Fort  Waters  and  the  cotincil  of 
war,  Col.  Giliiam   started  to  Fort  Wascopam  for  ammunition  and  pro- 
vision, 1)Ut  unfortunately  met  with  an  untimely  accidental  death.     Be- 
fore the  news  of  the  bactle  of  Tucanon  and  his  death  had  reached  Ore- 
gon Ci^y,  Governor  Abernethy  had  appointed  Maj.  L,ee,  Stiperintendent 
of  Indian  Affairs  tipjii  the  resignation  of  Gen.  Palmer,  and  ordered  him 
to  proceed  to  the  Cayuse  country  to  assume  charge  of  his  office.     The 
policy  of  the  war  so  changed,  that  it  was  determined   to  merely  hold 
Forts  Wascopam  and  Waters.     To  do  this,  three  companies  were  to  be 
organized.     Two  to  hold  Fort  Waters,  and  the  other  Fort  Wascopam, 
and  the  whole  to  be  under  the  command  of  Lt.  Col.  Waters.  Peremptory 
orders  were  sent  to  Col.  Gilliam  to  report  withotit  delay  at  Oregon  .City, 
with  the  remainder  of  the  army.     The  cause  of  the  latter  order  was 
the  alarming  state  of  affairs  in  the  Willamette  valley.     The  battle  of 
Abiqua  had  been  fought,  a  collision  had  occurred  in  Benton  county 
between  the  whites  and   Indians,  in  which  two  of  the  latter  had  been 
killed  and  ten  more  severely  whipped,  while  the  Tillamook  Indians 
had  raided   the  valley  in  Yamhill  cotinty — killing  stock,   burning  a 
house  and  killing  an  old  man  who  occupied  it.     All  this  coming  in  to 


I    * 


382 


brown's  political,  history. 


184/ 


•■J  i 


the  Governor  within  a  few  days;  undoubtedly  decided  him  to  send  for 
Col.  Gilliam  to  come  down  and  take  charge  of  this  new  field  of  opera- 
tions. But  death  intervened,  changing  the  programme,  and  the  orders 
though  written  were  never  delivered.  The  following  will  substantiate 
my  statements  ; 

Oregon  City,  March  31,  184.S, 
Sir.  I  place  in  your  hands  two  letters  for  Col.  Gilliam,  the  one  endorsed  on 
the  back,  favor  of  H.  A.  G.  Lee,  and  sealed,  you  will  hand  to  him  on  your  arrival 
at  The  Dalles,  for  organizing  three  companies,  and  require  him  to  return  to  tliis 
valley  with  the  remainder.  Should  he  not  attend  to  this,  or  show  no  disposition 
to  do  so  in  two  or  three  days  after  the  first,  hand  him  the  other  which  I  leave  open 
that  you  may  know  one  from  the  other.  Put  a  wafer  on  it  before  handing  it  to 
him.  Please  hand  Col.  Waters  his  letter.  If  there  is  a  prospect  of  an  engagement 
with  the  Indians  that  must  take  place,  retain  them  all  until  the  danger  is  over,  un- 
less you  can  see  good  cause  for  handing  him  the  one  to  report  to  me  at  once.  If 
you  do,  send  me  the  reasons.  I  leave  this  discretionary  with  you,  believing  you 
will  do  what  you  think  is  best  for  the  country.     I  remain  yours, 

GEORGE  ABERNETHY, 
H.  A.  G.  Lek,  Sup't.  of  Indian  Affairs. 

[Favor  of  H.  A.  G,  Lee.]  Oregon  City,  March  31,  1848. 

Sir.  Since  receiving  your  letter  requesting  a  large  number  of  men  to  be  sent 
up  to  your  aid,  I  have  received  the  report  of  the  commissioners  appointed  to  tr^at 
with  the  Indians  atx)ve  ;  and  learn  from  that  report,  that  they  have  succeeded  in 
detaching  the  neighboring  tribes,  and  part  of  the  Cayuse  tribe  implicated  in  the 
nmrder  of  Dr.  Whitman  and  others.  This  together  with  the  difficulties  attending 
the  raising  of  men  without  means,  and  the  present  threatening  aspect  of  affairs  in 
the  Willamette  valley  induces  me  to  order  as  follows  :  Organize  three  companies 
to  consist  of  not  less  than  fifty  men,  nor  more  than  sixty  men,  rank  and  file.  If 
one  or  two,  or  the  three  companies  can  be  enlisted  to  serve  for  six  months,  or  until 
the  troops  of  the  United  States  reaches  this  country  and  relieve  them,  it  of  course  will 
be  performed;  if  not,  take  such  men  as  have  enlisted  for  the  longest  term.  Two  of 
these  companies  will  be  stationed  at  Waiilatpn,  the  third  at  The  Dalles.  You  will 
take  conmiand  of  the  remaining  companies  and  return  vvitl:  them  lo  the  Willam- 
ette valley  as  soon  after  the  receipt  of  this  as  possible.  I  am  not  certain  but  that 
some  fighting  will  have  to  be  done  in  the  Willamette  valley.  I<t.  Col.  Waters  will 
take  command  of  the  three  companies  left  in  the  upper  country.  Reports  say  thai 
seven  Klamath  Indians  were  killed  this  week  in  the  neighborhood  of  I).  Waldo's. 
COL.  C.  Gll.Li.xM,  G)<;o.   AHERNETHY, 

Col.  ist.  Reg.  O.  R.  Gov.  and  Commandcr-iu-Chief. 

[Unsealed  order.]  Oregon  City,  March  31,   184S. 

Sir.  On  receii)t  of  this,  you  will  leave  the  conmiand  of  the  troops  above 
with  Lt.  Col.  Waters,  and  report  to  me  at  Oregon  City  with  all  possiI)le  dispatch. 
Col.  C.  GilU-vm.  (iEO.  AHERNETHY, 

Gov.  and  Cominander  in-Chief. 

Oregon  City;  March  31,   1.S48. 
Sir.     I  have  ordered  that  three  companies  be  formed  from  the  companies  in 
the  field,  and  when  organized,  that  tliey  be  placed   under  your  command.     Two 
of  them  you  will  station  at  Waiilatpn,  which  you  will  make  your  headquarters 


1847 

11  to  send  for 
eld  of  opera- 
id  the  orders 
.  substantiate 


rch  31,  184S, 
tie  endorsed  on 
on  your  arrival 
o  return  to  this 
V  no  disposition 
ch  I  leave  open 
e  handinjf  it  to 
an  engagement 
iger  is  over,  un- 
aie  at  once.  If 
I,  believing  you 

lERNETHY, 


irch  31,  1848. 
'  men  to  be  sent 
pointed  to  trpat 
ve  succeeded  in 
nplicated  in  tlic 
ilties  attending; 
cct  of  affairs  in 
liree  companies 
ik  and  file.  If 
nonths,  or  until 
it  of  course  will 
t  term.  Two  of 
ilics.     Vou  will 

to  the  Willain- 
t-ertain  but  that 

'ol.  Waters  will 
(eports  say  that 

of  I).  Waldo's. 
NKTIIY, 
idcr-iu-Chief. 

irch  31,   184S. 
ic  troops  above 
issil)!e  dispatch. 
NHTIIY, 
idet  in-Chief. 

irch  31,   184H. 
It'  companies  in 
ommand.     Two 
r  headquarters 


-TTWR.  -I 


1847 


PROVISrONAI.   GOVERNMENT. 


383 


The  other  company  you  will  station  at  The  Dalles.  You  will  see  that  the  property 
of  the  friendly  Indians  is  protected,  and  use  every  effort  to  promote  good  feeling 
between  them  and  the  whites.  It  is  highly  necessary  that  a  force  sufficient  to  gar- 
rison Waiilatpu  and  Wascopam  be  retained  in  the  field.  To  keep  the  Indians  in 
arms  [away],  and  to  protect  those  disposed  to  be  friendly  from  the  attacks  of  the 
Cayuses.  H.  A.  G.  I^ec,  late  Major  of  your  regiment  has  been  appointed  Superin- 
dent  of  Indian  Affairs.  There  should  be  a  unity  of  feeling  between  the  vSuperin- 
tendent  and  the  commanding  officer.  You  will  therefore  consult  together,  and 
when  any  particular  plan  is  agreed  upon  between  you,  use  every  effort  to  carry  it 
out.  I  feel  satisfied  that  we  have  not  the  power  to  carry  on  a  war  with  the  power- 
ful tribes  of  the  interior,  and  feeling  certain  that  the  troops  of  the  United  States 
will  be  here  this  coming  fall,  I  think  it  best  to  defer  any  active  operations  until 
they  arrive.  Of  coarse  no  peace  will  be  made  with  the  murderers,  and  every  ef- 
fort will  be  made  on  your  part  to  obtain  and  punish  them.  Flour,  etc.,  will  be 
forwarded  to  The  Dalles.  You  will  send  a  party  dovn  there  when  you  want  flour, 
of  suificient  force  to  protect  the  provisions.  Pack  horses  I  should  recommend  as 
the  most  expeditious  method  of  getting  your  supplies.  Protect  the  crops  in  the 
ground  at  Waiilatpu.  Mount  the  large  gun  and  a  small  force  will  be  sufficient  to 
protect  it.     Indians  should  not  be  permitted  to  rendezvous  in  or  near  the  fort. 

Yours  truly,  >  GEO.  ABERNETHY, 

Lt.  Cor,.  Waters.  Gov.  and  Cotumander-in-Chief. 

Oregon  City,  March  31,  1848. 
Sir.  I  have  instructed  Col.  Waters  who  will  be  left  in  command  of  the  troops 
at  Waiilatpu  to  consult  with  you,  that  there  may  be  unity  of  feeling  between  you, 
and  that  the  plans  adopted  by  you  in  counsel  be  carried  out.  I  need  not  give  you 
any  particular  instructions  in  regard  to  the  Indians,  further  than  that  contained  in 
my  letter  to  the  Superintendent  and  commissioners  under  date  of  Feb.  3d  last.  I 
feel  satisfied  that  every  exertion  will  be  made  on  your  part  to  allay  excitement  and 
if  possible  to  get  possession  of  the  murderers.         Yours  truly. 

GEO.  ABERNETHY. 
To  II.  A.  G.  lyEE.  Governor  of  Otegon. 

Upon  the  receipt  of  the  news  of  the  battle  of  Tncanon  and  the  death 
of  Col.  Gilliam,  it  seems  that  it  was  determined  to  send  more  men  and 
retain  in  the  field  as  large  a  force  as  possible  for  the  time  being.  Maj. 
I^ee  was  appointed  Colonel  over  Lt.  Col.  Waters,  as  well  as  holding  the 
office  of  vSuperintendcnt  of  Indian  Affairs,  and  ordered  to  take  with 
him  the  three  new  companies  jii.st  organized.  This  appointment  un- 
doubtedly was  caused  by  the  letter  of  Captain  Maxon,  who  .stated  that 
Waters  would  not  take  the  command.  Besides  Gov.  Abernethy  had 
more  confidence  in  Lee's  al)ility  than  any  other  man  in  the  Territory. 

On  March  28,  1848,  Gen.  Palmer  resigned  the  office  of  Supt.  of  In- 
dian Affiiirs,  as  he  could  not  attend  to  the  duties,  and  fill  the  offices  of 
Quartermaster  and  Commissary  Generals. 

Mr.  Ogden  wrote  the  following  letter  and  enclosed  a  well  written 
eulogy  on  Col.  Gilliam  that  was  published  in  the  Spcctnter. 


384 


BROWN'vS   POUTICAL   HIvSTORY. 


1847 


It 


Vancouvkr,  April   i,   1S4S. 
Mr.  Ceo.  Ahem c thy  : 

Dkar  vSir.  If  after  perusal,  you  dccin  the  euclosed  worths  of  iiiscrtiou  iu  tlic 
Oregon  Spectator,  it  is  at  your  service  ;  if  not,  send  it  bark.  I  am  not  aware  of  the 
feelings  of  the  good  ])coi)le  of  Oregon  in  regard  to  the  hite  Col.  (iilliatn.  He  was 
a  stranger  tome,  and  the  outline  of  his  character  which  I  h!ivcf)l)laiiicd  from  others, 
may  pcrhai)s  tend  to  have  a  good  effect. 

I  iluly  received  your  last  favor  and  thank  \ou  for  yout  news,  l)ut  on  some 
tidings  I  leave  ytm  to  form  your  own  opinion,  as  to  their  being  good  or  bad.  Many 
circumstances,  and  jirndcnt  ones,  obliged  the  army  to  relreal,  thus  stop  the  war. 
Hut  few  in  our  estimation  bearing  the  cares,  this  cannot  be  called  a  retreat  or  even 
a  defeat.  But  unfi>rtunatcly  the  Indians  will  take  a  very  different  view  of  it  ami 
give  it  a  different  construction  from  weakness  of  the  army  during  the  absence  of 
so  many  men  to  The  Dalles.  Should  an  attack  be  made  on  the  army,  I  dread  the 
result,  but  not,  if  the  officers  and  men,  were  united,  they  would  then  make  a  for- 
midable resistance. 

Capt.  McKay  will  give  you  every  particular.  Ilis  stay  here  was  too  short  to 
obtain  correct  iuforuiation,  and  full  allowance  must  be  made  for  his  news,  but  you 
know  him  well.  lie  speaks  in  high  terms  of  the  bravery  of  the  volunteers  in  action; 
but  not  so  much  so  in  rej^ard  to  their  discipline.  I  was  glad  to  hear  that  he  intends 
to  return,  and  the  sooner  the  better.  In  case  he  should  change  his  mind,  knowing 
his  character  so  well,  it  would  not  at  all  surprise  me.  This  day  we  have  a  report 
here  in  circulation  (jf  a  war  nearer  our  firesides.  Surely  one  is  more  than  sufficienl 
iu  the  present  defenseless  slate  of  the  country,  and  more  than  sufficient  for  the  re- 
sources of  the  unfortunate  and  neglected  country.  In  making  these  remarks,  1 
consider  myself  perfectly  justified,  for  it  appears  tome,  and  must  also  to  many 
others,  that  the  United  States  Government  has  been  more  remiss  in  not  sending,  if 
not  forces,  the  means  of  defending  it — money.  They  may  have  cause  to  regret  it 
when  too  late,  for  I  fear  blood  will  be  made  to  flow  freely,  ami  ere  I  leave  thissul)- 
ject,  let  me  add  that  present  appearances,  have  a  gloomy  aspect,  and  may  brighter 
days  now  shine  on  us,  is  my  fervent  prayer. 

Major  Hardie  has  not  yet  honored  u&  with  a  visit.  I  should  regret  not  seeing 
him,  as  from  my  long  experience  in  this  country,  [  might  be  able  to  impress  on 
his  mind  the  absolute  necessity  of  rendering  us  speedy  assistance.  Palmer's  res- 
ignation did  not  surprise  me.  Yours  truly, 

PETER  SKEEN  OGDEN. 


liM 


To  the  above,  Gov.  Abernethy  sent  the  following  reply  which  also 
explains  more  fully  the  reason  for  promoting  Maj.  lyee  over  Lieut.  Col. 
Waters  on  the  death  of  Col.  Gilliam.  It  is  evident  that  there  had  been 
some  differences  of  opinion  among  the  the  officers,  also  jjctween  Col. 
Gilliam  and  the  peace  commi.ssioners,  when,  considering  the  weakness 
of  the  invading  army  and  the  surrounding  circtinistances,  there  should 
have  been  perfect  harmony.  Then  the  failure  of  Col.  Gilliam  to  attack 
the  Indian  camp  on  Snake  river  near  the  mouth  of  the  Tucanon  was  an 
admitted  blunder.  While  many  did  not  consider  that  the  Colonel  had 
V'een  otitwitted  by  the  wily  Indians,  others  held  a  different  opinion, 
and  that  caused  some  ill  feeling,  which  most  probably  would  have  been 


r  ^t  i 


1847 
il  I,  1S4S. 

.'ilioii  in  llif 
aware  of  the 
in.  He  was 
rnnii  others, 

l)iit  on  some 
hail.  Many 
top  the  war. 
:treat  oreveti 
cw  of  it  ami 
e  absence  of 
,  I  dread  the 
1  make  a  for- 

>  too  short  to 
lews,  Imt  yon 
ers  in  action; 
lathe  intends 
ind,  knowing 
have  a  report 
han  snfiicieiit 
Mit  for  the  rc- 
se  remarks,  1 
also  to  many 
ot  sending,  if 
!e  to  regret  it 
cave  thissnl)- 
may  brighter 

et  not  seeing 
to  impress  on 
Palmer's  res- 

vl  OGDEN. 

which  also 

Lieut.  Col. 
re  had  been 
.'tween  Col. 
le  weakness 

lere  should 
m  to  attack 
uioii  was  an 

olonel  had 
nt  opinion, 
d  have  been 


1847 


PROVISIONAL   GOVERNMENT. 


385 


brought  prominently  before  the  public  if  Gilliam  had  not  met  an  un- 
timel}^  death.  That  Col.  Gilliam  was  a  brave  officer  there  was  no  doubt. 
He  also  stood  well  in  the  estimation  of  all  his  acquaintances  both  in  the 
States  where  he  formally  resided,  and  in  his  new  home  in  Oregon. 
That  was  the  reason  of  his  appointment  as  Colotiel  of  the  Oregon  army  ; 
but  whether  he  posses,sed  as  high  a  degree  of  military  talent,  or  as  keen 
an  understanding  of  the  Indian  character  as  Major  Lee,  is  a  question 
difficult  of  settlement  at  the  present  day. 

Oregon'  City,  April  4,  1848. 
DRAr  Sir.     I  received  your  favor  of  ist  inst.     I  handed  the  obituary  notice 
to  the  editor,  and  feel  very  much  obliged  to  you  for  it,  and  hope  you  will  occasion- 
ally favor  us  with  your  pen.     I  regret  very  much  the  circumstances  that  caused 
the  retreat  of  the  army  to  Waiilatpu,  and  was  bringing  Col.  Gilliam  to  this  place. 
I  have  heard  for  sometime  that  there  was  a  want  of  unison  in  the  army,  and  really 
hope  that  hereafter  this  feeling  will  be  done  away  with.     I  have  appointed  II.  A. 
G.  Lee,  Colonel  in  place  of  Col.  Gilliam  deceased.     I  had  appointed  him  Superin- 
tendent of  Indian  Affairs,  before  I  heard  of  Gilliam's  death.     I  am  in  hopes  he  will 
succeed  in  establishing  peace  and  obtaining  the  murderers.     It  is  uncertain  about 
McKay's  returning,  he  says  he  has  no  wheat  in  the  ground.     I  have  heard  a  good 
deal   about  the  Klamaths,  but  nothing  official.     All  reports  I  receive  are  letters 
from  one  of  the  volunteer  Captains  that  incline  me  to  think  the  reports  arc  much 
exaggerated.     I  hope  they  are  for  the  credit  of  the  settlers  ;  as  you  say,  "  one  war  is 
enough."     I  hope  Maj.   Hardie  will  visit  you  before  he  returns.     You  will  see  by 
the  proclamation  what  my  feelings  are  on  the  war  question.     We  are  into  it  and 
must  keep  up  a  good  front  if  possible.     I  think  we  will  at  least,  be  favored  by  a 
vis't  from  an  American  sloop-of-war  ;  if  we  are  not,  I  think  our  Government  is  de- 
termined to  do  nothing  for  us.     Wonder  what  they  would  do  if  we  should  apply 
to  Great  Britain  for  a  loan  of  ^100,000  to  carry  on  our  operations?     I  presume  we 
would  have  a  government  formed  in  double  quick  time.     Report  says  more  vessels 
are  on  their  way.     I  have  had  applications  as  follows  :     To  go  to  Washington  ;  to 
Gov.  Mason  ;  and  to  Salt  Lake  for  assistance.     I  am  afraid  the  Mormons  might  be 
as  bad  as  the  Indians — and  have  refused  all.     Yours  respectfully. 
To  Peter  Skren  Ogdkn.  GEO.  ABERNETHY. 

Mr.  F.  W.  Pettygrove  wrote  to  Gov.  Abernethy  for  a  Mr.  Hastings, 
who  offered  to  go  to  Salt  Lake  and  implore  the  aid  of  the  Mormons  in 
suppressing  the  hostile  Indians.  It  is  not  probable  that  Oregon  would 
have  received  any  aid  from  those  dwellers  of  the  desert.  I  have  been 
told  by  one  or  two  of  the  men  who  fought  in  the  Cayusewar,  that  some 
of  the  guns  captured,  had  the  Mormon  brand  on  them,  and  that  the 
powder  used  was  better  than  the  Hudson's  Bay  "  Indian  powder."  It 
is  probable  that  this  statement  is  more  of  a  surmise  than  a  historical 
fact.     The  following  is  Governor  Aberneth3''s  reply 

Oregon  City,  April  5,  1848. 
Dear  Sir.     I  received  yours  of  yesterday.     I  do  not  think  we  will  need  the 
help  of  the  Mormons.     I  am  in  hopes  the  Indians  will  deliver  up  the  murderers 


10 


M 


I: 


386 


brown's  political  history. 


1847 


for  their  property.  Col.  Lee  will  have  this  in  view  when  he  goes  up.  I  have 
armed  him  with  double  powers.  There  can  be  no  difference  between  the  Superin- 
tendent of  Indian  Affairs  and  the  commander  of  the  army  as  to  the  policy  to  be 
pursued.  I  think  Col.  Lee  will  accomplish  the  object  we  have  in  view.  I  am 
much  obliged  to  Mr.  Hastings  for  his  offer.  If  things  take  a  turn  a  jd  look  unfav- 
able,  I  shall  be  happy  to  avail  myself  of  his  services.     Yours  truly. 

F.  W.  PUTTYGROVE.  GEO.  ABERNETIIY. 


We  will  now  turn  to  the  report  of  the  Peace  Commissioners,  corres- 
pondence, etc.  It  is  quite  long,  but  as  it  necessarily  occupies  an  im- 
portant place  in  history,  it  is  inserted  : 

Oregon  City,  Veh.  3,  1848. 
Sir.  I  have  appointed  Major  Lee  and  Robert  Newell,  Commissioners,  to  act 
with  Gen.  P  Imer,  Superintendent  of  Indian  Affairs,  for  the  purpose  of  settling 
the  present  difficulty  with  the  Indians  in  the  upper  country.  I  have  ordered  them 
to  hold  a  council  with  the  field  officers  of  the  army,  to  decide  on  the  steps  necessary 
to  be  taken,  as  there  should  be  entire  unity  between  the  officers  and  commis- 
sioners. If  you  think  it  best  to  proceed  at  once,  with  the  main  body  of  the  army 
to  Waiilatpu,  do  so  ;  selecting  immediately  on  your  arrival,  the  best  point  in  your 
judgment,  for  erecting  a  fort.  Grass,  water  and  wood,  will  be  the  principal  objects. 
The  Indians  have  no  cannon  and  could  not  annoy  a  fort  fr  m  a  distance.  Should 
the  tribes  combine  together,  and  refuse  to  comply  with  the  requisitions  of  the 
Commissioners,  I  leave  the  field  in  your  hands  ;  respecting,  however,  the  lives  and 
property  of  all  friendly  Indians.  I  shall  wait  with  much  anxiety  to  hear  from  you, 
until  then  I  remain  your  obedient  servant. 
Coi..  C.  G1U.IAM,  GEO.    ABERNETHY, 

/si  Reg.  O.  R.  "^  Gov.  of  Ogn.    Ter'y. 

Oregon  City,  Feb.  3,  1S4S. 

Gentlemen.  The  object  of  appointing  you  as  commissioners,  to  treat  with 
the  Nez  Perccs  and  other  tribes,  is  to  avert  a  general  war  with  the  Indians  of  the 
upper  country,  and  to  prevent  a  union  among  the  tribes  as  far  as  possible.  To  ef- 
fect this,  every  effort  shouUi  be  made  on  your  part  as  far  as  is  consistent  with  the 
honor  of  American  citizens.  There  are  some  requisitions  that  must  be  complied 
with  on  the  part  of  the  Indians,  and  must  be  insisted  on  by  you,  viz.:  All  the 
murderers  and  those  that  forced  the  young  women,  must  be  delivered  up  for  pun- 
ishment ;  the  property  taken  delivered  up,  or  an  equivalent  given,  and  restitution 
made  of  the  property  stolen  from  the  immigrants  last  year;  this  you  cannot  ascer- 
tain, but  it  can  V)e  so  arranged,  that  persons  who  had  property  stolen  from  them 
can  get  it  hereafter,  or  an  equivalent.  I  am  aware  the  greatest  difficulty  will  be  in 
obtaining  the  persons  of  the  murderers,  but  the  Indians  must  be  given  to  understand 
in  the  commencement  of  negotiations,  that  this  must  be  done  ;  that  no  compromise 
can  be  made.  There  may  be  some  among  those  who  are  implicated  in  this  affair, 
around  whom  some  paliating  circumstances  may  be  thrown,  these  you  will  take 
into  consideration,  but  the  principal  actors  should  be  executed  in  the  presence  of 
all  the  tribes. 

You  will  hold  a  council  with  the  field  officers  of  the  army,  and  decide  in  coun- 
cil, what  steps  shall  be  taker  to  accomplish  the  much  desired  object,  restoration  of 
peace.     You  will  use  every  exertion  to  have  the  property  and  lives  of  our  fellow- 


i847 


1847 


PROVISIONAI,   GOVERNMENT. 


387 


le  goes  up.  I  bave 
etwecn  the  Superiu- 
s  to  the  policy  to  be 
lave  in  view.  I  am 
urn  aad  look  unfav- 
truly. 
ABERNETIIY. 


nissioners,  corres- 
Y  occupies  an  im- 


ilTY,  I'^eb.  3,  1848. 
:otnmissioners,  to  act 
e  purpose  of  settling 
I  have  ordered  them 
on  the  steps  necessary 
Dfficers  and    commis- 
ain  body  of  the  army 
the  best  point  in  your 
i  the  principal  objects, 
n  a  distance.     Should 
10  reciuisitions  of  the 
however,  the  lives  and 
:iety  to  hear  from  you, 

ABERNETHY, 
•ov.  of  Ogn.    Ter'y. 

City,  Eeb.  3,  1848. 
ssioners,  to  treat  with 
th  the  Indians  of  the 
"ar  as  possible.     To  ef- 
;  is  consistent  with  the 
that  must  be  complied 
by  you,  viz.:     All  the 
;  delivered  up  for  pun- 
given,  and  restitution 
this  you  cannot  ascer- 
erty  stolen  from  them 
est  difficulty  will  be  in 
be  given  to  understand 
e  ;  that  no  compromise 
iiplicated  in  this  affair, 
vn,  these  you  will  take 
utcd  in  the  presence  of 

ny,  and  decide  in  conn- 
ed object,  restoration  of 
md  lives  of  our  fellow- 


citizens,  that  may  be  hereafler  traveling  through  the  Indian  country,  preserved  ;  the 
chiefs  are  able  to  govern  their  own  people.  Make  as  advantageous  a  treaty  with 
them  as  you  can,  binding  them  to  use  their  influence  to  protect  American  citizens. 
On  your  arrival  at  The  Dalles,  you  must  lie  guided  by  circumstances,  as  to  the  time 
and  place  of  meeting  the  chiefs;  but  let  runners  be  sent  among  them  informing  them 
of  your  intentions  and  object.  GEO.  ABERNETHY, 

Gov.  of  Oregon  Ter'y. 
To  the  honorable  commissioners  appointed  to  treat  with  the  Nez  Perces,  and  other 

tribes. 

Oregon  City,  IVIarch  6,  1848. 

Sir.  The  undersigned,  Superintendent  of  Indian  Affairs  and  Commissioners 
appointed  to  visit  and  treat  with  the  various  Indian  tribes  east  of  the  Cascade 
mountains,  beg  leave  to  submit  the  following  joint  report  of  their  proceedings. 

On  the  receipt  of  our  commissions  and  instructions,  we  proceeded  immediatelv 
to  Wascopam,  where  according  to  our  instructions,  we  held  a  council  with  the  field 
officers  of  the  army,  and  it  was  agreed  in  counsel  that  we  should  go  in  advance 
of  the  army,  taking  with  us  Capt.  McKay  and  his  company,  so  soon  as  he 
should  arrive  at  that  place,  with  as  many  others  as  might  be  deemed  necessary  for 
a  safe  escort,  including  Mr.  Meek  and  his  party,  first  to  Fort  Walla  Walla,  and 
theu  if  necessary,  to  the  Nez  I'erces  country,  in  order  to  prevent  an  alliance  of 
those  tribes  with  the  Cayuses,  iu  the  war  against  the  .\mericans.  Capt.  McKay 
did  not  arrive  till  the  evening  of  Feb.  13th.  In  the  meantime  we'saw  and  convers- 
ed with  many  of  the  Indians  about  that  place.  They  were  evidently  alarmed  at 
seeing  so  many  armed  men  in  their  midst,  and  feeling  guilty,  perhaps,  of  having 
mistreated  the  emigrants.  We  made  them  acquainted  with  our  business,  as  Com- 
missioners, and  Gen.  Palmer  was  pointed  out  to  them  as  vSupeiinteiident  of  Indian 
Affairs.  On  the  14th,  two  Yakinias  came  to  the  fort,  saying  they  were  sent  by  their 
chiefs  to  learn  the  truth  as  to  the  intentions  of  the  whites — that  the  Cayuses  have 
been  several  times  to  see  them  since  the  massacre,  and  had  offered  them  horses  and 
cattle,  if  they  would  join  them,  telling  them  the  whites  were  coming  to  kill  them 
all.  They  had  not  joined  the  Cayuses,  but  wished  to  know  the  true  intentions  of 
the  whites.  They  said,  they  had  never  troubled  the  whites — that  the  whites  did  not 
pass  through  their  country,  because  it  was  not  on  the  road  traveled  by  the  emi- 
grants— and  finally,  they  thought  the  Cayuses  had  done  very  badly  in  killing  Dr. 
Whitman.  We  gladly  embraced  this  opportunity  to  form  an  acquaintance  with 
these  people,  and  to  give  them  correct  information  as  to  the  object  of  the  present 
camjiaigu  ;  and  hearing  they  had  a  priest  with  them,  we  wrote  to  the  chiefs — sent 
them  a  flag  and  some  tobacco  as  a  mark  of  friendship. 

To-day  the  regiment  was  ordered  to  be  in  readiness  to  take  up  the  line  of  march 
for  Walla  Walla  to-morrow  at  10  o'clock,  and  we  were  informed  by  the  commander 
that  he  could  not  furnish  us  an  escort  to  go  in  advance — as  he  thought  it  unsafe  to 
divide  his  forces.  On  the  morning  of  the  15th,  before  we  marched  from  this  place, 
two  of  the  Des  Chutes  Indians  came  iu  for  peace.  They  belong  to  Sue,  Seletza's 
older  brother — he  is  quite  an  old  man  and  had  not  been  in  battle  against  us,  though 
some  of  his  people  had  ;  but  said  they  were  forced  to  do  so  in  order  to  escape  the 
same  treatment  from  the  Cayuses,  that  Seletza  had  received.  We  spoke  to  them 
about  as  we  had  done  to  the  Yakinias  the  previous  day,  and  sent  the  old  chief  a 
similar  present,  witli  a  request  that  he  should  meet  us  on  the  road;  as  we  could  not 
wait  at  the  fort. 

Disappointed  iu  our  wish  to  go  iu  advance  of  the  regiment,  and  fearing  the 
Nez  Perces  and  Walla  Wallas  might  be  driven  to  hostilities,  we  determined  to  dis- 


;S8 


brown's  political  history. 


1847 


patch  a  messenger  to  them.  Old  Elijah,  an  Indian  professing  to  be  a  Nez  Perces, 
who  had  accompanied  Messrs.  Newell  and  Palmer  from  Oregon  City,  was  thought 
to  be  the  most  suitable  person  at  our  command.  Accordingly  on  the  20th,  from 
the  upper  crossing  of  the  John  Day's  river,  he  was  sent  forward  with  a  letter  from 
Rev.  H.  H.  Spalding  to  the  Nez  Perces  chief — a  flag  and  some  tobacco  to  tuem 
from  us,  and  a  letter  to  Mr.  McIJean,  to  whom  he  was  directed  to  deliver  the  pack- 
age. He,  however,  unfortunately  (or  designedly)  fell  ir.  with  the  Cayuses  before 
he  reached  Walla  Walla,  and  was  retained  as  prisoner,  the  flag  and  tobacco  appro- 
priated to  their  own  use,  but  the  package,  being  directed  to  McBcan,  was  setil  to 
him  by  Young  Chief,  who  afterwards  intercepted  and  destroyed  his  reply  tu  us. 
p-ortunately,  two  Nez  Perces,  Timothy  and  Red  Wolf,  arrived  at  Walla  Walln  just 
as  McBean  received  the  package,  he  made  known  to  them  the  contents  of  our  letter 
to  him,  in  which  v.r  .  Spalding's  letter  to  them  was  mentioned,  he  gave  it  to  Timothy, 
who  readily  opcti  .  ind  read  it  aloud  ;  after  which,  these  two  men  immediately  set 
out  for  their  own  ..  .  utry,  bearing  with  them  Mr.  Spalding's  letter  and  also  the  in- 
formation they  had  gained  through  our  letter  to  McBcan,  which  was  also  com- 
municated to  Yellow  Serpent  (Walla  Walla  chief).  To  this  fortunate  occurrence 
we  owe,  perhaps,  much  of  our  success  in  preventing  a  general  combination  of  the 
Indian  tribes  against  us 

On  the  23d,  Sue,  the  Des  Chutes  chief  came  to  our  camp  on  Willow  Creek, 
bearing  the  flag  we  had  sent  him,  accompanied  by  twelve  of  his  men  as  an  escort. 
We  had  a  frendly  talk  with  him,  and  Capt.  T.  McKf.^  ,  received  by  him  a  fine  horse 
as  a  present  from  Waluptouleekt,  from  whom  Col.  Gilliam  received  a  message  by 
the  same,  saying  he  would  bring  in  all  the  property  left  with  him  and  all  that  had 
been  taken  from  the  emigrants  by  his  people,  and  deliver  it  up  to  the  Colonel  on 
his  return  to  Wascopam,  if  it  would  make  them  friends.  The  Colonel  replied  it 
would.  We  all  sent  word  to  the  same  effect,  and  requested  Sue  to  meet  us  again 
at  Wascopam  on  our  return,  and  to  tell  all  the  Indians  to  do  the  same,  as  we  wished 
to  talk  to  them.  At  daylight  on  the  morning  of  the  24th,  a  boy  of  Seletza's  came 
to  us  at  the  springs,  bringing  us  an  express  at  Wascopam,  which  proved  to  be  a 
letter  from  Rev.  Mr.  Blanchet,  missionary  to  the  Yakimas,  to  whom  we  had  writ- 
ten from  Wascopam  on  the  14th.  This  letter  had  been  sent  to  that  place  with  some 
presents  to  us  from  the  Yakima  chief,  a  translation  is  herewith  submitted  : 


w 


Camp  of  Cayuses,'  P'eb.   16,  1S48. 

Sir.  My  Indians  have  this  moment  handed  a  letter  signed  by  you  and  Messrs. 
Palmer  and  Lee.  I  have  read  it  and  explained  it  to  them  by  means  of  an  Indian 
who  understands  French  a  little.  .\ll  the  Yakima  Indians,  request  mc  to  inform 
you  that  they  are  firmly  decided  to  follow  your  advice  and  not  join  the  Cayuses. 
They  request  that  their  decision  should  be  made  known  to  the  Governor.  If  you  can 
do  this,  they  will  be  much  obliged  to  you.  Your  letter  to  the  Yakima  chiefs,  has 
been  very  opportune,  and  gratifying  to  me  as  it  proved  the  absurdity  of  the  reports 
spread  against  the  Americans,  and  which  I  contradicted,  as  I  felt  convinced  that 
the  innocent  would  not  be  made  to  suff"er  with  the  guilty.  I  am  perfectly  satisfied 
with  the  conduct  of  the  Indians  with  me,  as  it  will  afford  an  opportunity  to  the 
missionaries,  of  instructing  this  people,  which  is  the  only  means  of  civilizing  them, 
and  attach  them  to  the  government.  I  do  not  know,  if  I  am  mistaken,  but  I 
believe  I  had  the  honor  of  meeting  Mr.  Newell  at  the  Willamette,  at  Mr.  McKin- 
ley's  about  four  months  ago.     It  is  for  this  reason  I  address  myself  to  you,  and  do 


I  It  should  have 
'  Camp  of  Cayuses." 


been    "Camp  of  Ciaies"  the  name  of  the  heart  chiefs  village,  instead  of 


m 


1847 

Nez  Perces, 
vas  thought 
i  20th,  from 
1  letter  from 
icco  to  taem 
■er  the  pack- 
lyuses  before 
bacco  appro- 
,  was  sent  to 
reply  to  us. 
la  Walla  just 
;  of  our  letter 
t to  Timothy, 
mediately  set 
id  also  the  in- 
ras  also  com- 
te  occurrence 
uatiou  of  the 

Villow  Creek, 
1  as  an  escort. 
Ill  a  fine  horse 
a  message  by 
id  all  that  had 
he  Colonel  on 
onel  replied  it 
meet  us  again 
,  as  we  wished 
Seletza's  came 
aroved  to  be  a 
1  we  had  writ- 
lace  with  some 
litted  : 

eb.    16,   1848. 
on  and  Messrs. 
s  of  an  Indian 
it  mc  to  inform 
u  the  Cayuses. 
nor.  If  you  can 
ima  chiefs,  has 
ty  of  the  reports 
convinced  that 
xfectly  satisfied 
portunity  to  the 
civilizing  them, 
mistaken,  but  I 
,  at  Mr.  McKin- 
f  to  you,  and  do 


1847 


PROVISIONAL   GOVERNMENT. 


589 


village,  instead  of 


it  in  I'rench,  not  being  sufficiently  master  of  the  English  language  to  do  so  in  it. 
Your  humble  aud  obedient  servant.  Cr.  RLANCIIET, 

Missionary  a)iiong  the   )'akimas. 

The  Cay  uses  met  us  in  battle  array  a  few  miles  from  these  springs  with  all  their 
allied  forces.  We  made  every  exertion  in  our  power  to  get  to  speik  with  them, 
but  could  not.  A  battle  ensued,  the  particulars  of  which  you  have  from  the  proper 
source,  .\fter  the  battle,  however,  we  succeeded  in  getting  a  talk  with  the  Fin- 
lay's  (half  breeds),  which  opened  the  way  for  negotiating  with  all  the  tribes.  On 
our  approach  to  Walla  Walla,  we  received  the  accompanying  letter  from  McHean 
in  reply  to  the  one  from  us  by  one  of  the  Finlay's  : 

Fort  Nez  Ferce.s,  ?ilarch  4,   1848. 
To  the   Commissioners  : 

Messrs.  Palmer  .vnd  Neweli,. — Gentlemen.  I  have  to  acknowledge 
your  esteemed  favor  of  this  date,  which  was  handed  me  this  evening.  I  am  happy 
to  learn  that  your  success  to  effect  peace,  has  so  far  rewarded  your  endeavours  and 
that  the  Nez  Perces  are  on  yo\ir  side.  Previous  to  their  visiting  you,  the  most  in- 
fluential chiefs  came  to  me  to  know  your  real  intentions,  which  I  fully  explained 
and  addressed  them  at  length.  They  left  me  well  disposed,  and  I  am  glad  to  learu 
thej-  have  acted  up  to  their  promise.  I  now  forward  letters  to  Fort  Hall  and  I'or. 
Boise,  and  have  to  request  in  behalf  of  the  Company,  that  j-ou  be  kind  enough  to 
get  them  forwarded  by  Mr.  Meek.  They  arc  of  importance— on  their  being  de- 
livered, depends  loss  or  gain  to  the  Company,  and  by  so  doing  you  will  confer  a 
favor  on  us,  Your  most  obedient  servant,  WILLIAM  McBEAN. 

P.  S.     Please  present  my  best  respects  to  Gen.  (rilliam  and  Maj.  L,ce. 

Our  first  interview  with  Yellow  Serpent,  was  at  Walla  Walla  on  the  28th.  We 
found  him  decidedly  friendly  and  withal  prudent  and  sensible.  He  visited  our 
camp  frequently  afterwards — furnished  some  beef  cattle  to  tlie  arnu-,  and  was  in 
the  general  council,  which  was  held  at  Waiilatpu  on  March  7th.  There  were 
present  also  the  Cayuse  U'ar  ty/zV/Coslnnashpello,  and  the  following  Nez  Perces, 
Joseph  (head  chief  during  the  absence  of  Ellis),  Jacob,  James,  Red  Wolf,  Timothy, 
Richard,  Kcntuck,  Luke,  Stupelpenin,  Youm-tama-laikin,  Thomas  and  about  250 
men.  Col.  Gilliam,  C.  W.  Cook,  As.st.  Ouartermaster,  Capt.  McKay,  Mr.  Craig, 
and  a  few  others  of  the  regiment  were  with  us.  After  the  pipe  of  friendship  had 
passed  around  till  our  hearts  were  all  good  and  our  eyes  watery,  we  informed  them 
that  we  had  a  comnmnication  to  them  from  our  head  chief  in  the  Willamette,  and 
we  wished  them  to  break  the  seal,  which  they  did,  and  we  read  it  to  them,  which 
called  out  the  feelings  and  views  of  nearly  all  the  chiefs.  The  substance  of  the  whole 
amounts  to  about  this  :  They  had  no  knowledge  of  an  intention  on  the  part  of  the 
Cajnises  to  murder  the  Doctor,  till  the  deed  was  done.  When  they  heard  it  they 
were  grieved.  Some  of  them  came  to  see  the  chiefs,  and  enquire  who  had  been 
guilty  of  so  foul  a  deed — they  had  a  laiu  amongst  them — that  when  one  committed 
murder,  he  forfeit  his  own  life.  They  had  one  head  chief — they  all  listened  to  hi3 
words.  Their  old  chiefs  who  were  now  dead,  had  told  them  to  be  friendly  with  the 
Americans,  and  they  had  not  forgotten  their  words.  The  Cayuses  bad  told  them 
the  Americans  were  coming  to  kill  all  the  Indians  and  to  take  their  lands,  but  they 
still  came  to  see  us.  They  had  not  killed  Mr.  Spalding,  but  protected  him.  They 
asked  him  to  stay  with  them,  his  property  was  still  there.  The\'  would  not  join 
the  murderers  to  fight  us. 


II 


'.a 


390 


brown's  political  history. 


1847 


To  the  Great  Chiefs  of  the  Nez  Perccs,  and  other  Tribes : 

Hrothers.  I  speak  to  you  now  on  a  subject  of  great  importance  to  Americans, 
and  I  ask  you  to  listen  to  what  I  have  to  say.  Many  years  ago,  a  few  Americans,  came 
to  your  country  ;  you  received  them  gladly,  and  told  them  you  wished  them  to  stay 
with  you  and  instruct  you;  they  did  so  at  your  request;  among  these  was  Dr.  Whitman 
and  his  lady.  Many  Americans  have  since  that  time  passed  through  your  country  to 
join  their  brethren  in  the  Willamette.  At  first  they  were  permitted  to  pass  without 
being  molested.  After  a  while  some  of  your  neighbors,  without  your  knowledge, 
would  steal  from  the  Americans  as  they  passed  along.  Soon  they  began  to  steal 
large  things,  and  last  summer  nmcli  was  stolen,  very  much.  We  did  not  want  to 
be  enemies  to  you,  and  our  warriors  were  not  sent  up.  If  vou  will  enquire  into 
thesL-  things,  you  will  find  that  they  are  as  I  tell  you.  We  have  borne  a  great  deal, 
we  believed  that  your  chiefs  did  not  know  how  much  was  stolen  from  the  Ameri- 
cans, but  we  think  your  power  ought  to  be  exerted  to  prevent  stealing  altogether. 
But  all  this  was  nothing  compared  with  what  has  since  been  done. 

On  the  27th  of  last  November,the  Cayuse  Indians  bathed  their  hands  in  the  blood 
of  their  best  friend,  and  in  the  blood  of  many  of  our  brothers.  Ur.  Whitman  had 
at  your  request  remained  among  you.  He  has  ever  since  been  trying  to  do  you 
good  by  teaching  you  many  useful  things,  and  above  all,  we  know  that  he  was 
teaching  you  to  understand  the  IJible,  the  great  Rook  that  our  Creator  has  given  us, 
by  which  we  may  understand  the  way  in  which  he  wishes  all  his  creatures  to  live, 
that  we  may  be  happy  in  this  world,  and  b;  happ/  after  death.  Dr.  Whitman  la- 
bored with  you  for  a  long  time,  what  he  told  you  was  true,  and  had  you  listened 
to  him,  and  all  your  neighbors  listened  to  him,  Dr.  Whitman  and  our 
brothers  would  not  have  been  killed,  because  one  of  the  great  command- 
ments of  our  great  Creator  is  "Thou  shalt  not  kill;"  another  one  is, 
"Thou  shalt  not  steal."  I  hear  that  you  say  "  Dr.  Wuitman  was  poisoning 
us ;"  you  know  better,  sickness  is  sent  by  our  Creator,  it  is  in  the  world,  and  he 
has  said  all  men  must  die,  we  cannot  escape.  Did  you  not  see  the  Americans  die 
with  the  same  disease?  Have  not  a  great  many  of  our  people  been  buried  this 
year?  But  if  it  was  believed  by  our  neighbors  that  Dr.  Whitman  poisoned  them, 
why  kill  all  .\mericans  ?  But  I  tell  you  Dr.  Whitman  did  not  poison  any  one,  he 
was  giving  medicine  and  advice  to  try  to  save  you  from  dying  ;  how  many  times 
has  he  healed  your  sick,  that  would  have  died,  had  he  not  given  them  medicine  ? 
He  was  your  best  friend,  your  great  friend.  He  was  always  speaking  of  you  and 
trying  to  do  you  good.  But  he  is  dead  ;  his  wife  is  dead  ;  our  brethren  are  dead. 
How  did  they  die  ?  How  did  he  die  ?  The  men  that  asked  him  to  stay  among 
them,  that  had  partaken  of  his  hospitality,  that  have  been  the  subjects  of  his  kind- 
ness, stole  upon  him  and  murdered  him.  Our  hearts  bled  when  we  heard  of  it. 
We  cannot  pass  this  by.  We  hope  you  sympathize  with  us,  that  your  hearts  say 
we  will  not  protect  such  men. 

Brothers,  our  warriors  are  on  the  war  path,  what  shall  be  done,  that  we  may 
all  again  be  friends,  and  not  enemies  ?  I  will  tell  you  what  we  want,  listen  to  me. 
We  waut  the  men  that  murdered  our  brother  Dr.  Whitman,  and  his  wife,  and  the 
rest  of  our  brothers  ;  Tiloquoit,  Tamsukic,  and  all  that  were  engaged,  and  those 
that  forced  our  young  women  to  become  their  wives.  We  want  all  these  to  be 
given  up  to  us,  that  they  may  be  punished  according  to  our  law.  And  further, 
that  restitution  of  the  property  stolen  and  destroyed  be  made,  either  by  returning 
the  property  or  giving  an  equivalent.  If  this  is  done,  our  hatchet  will  be  buried, 
and  the  Indians  and  Americans  will  be  friends  and  brothers.  Every  tribe  that 
unites  with  the  murderers  and  protects  them,  we  must  look  on  as  our  enemies.  On 


m 


1847 


Americans, 
icaus,  came 
hem  to  stay 
ir.Whituian 
r  country  to 
lass  without 
knowledge, 
gan  to  steal 
not  want  to 
MKiuire  into 
a  great  (leal, 
the  Ameri- 
;  altogether. 

in  the  blood 
'hitman  had 
ig  to  do  you 
that  he  was 
las  given  us, 
.ures  to  live, 
^Vhitman  la- 
you  listened 
ui  and  our 
,  commaud- 
her  one  is, 
LS  poisoning 
orld,  and  he 
tnericans  die 

buried  this 
soned  them, 

any  one,  he 

many  times 
n  medicine  ? 

of  you  and 
en  are  dead. 
)  stay  among 
3  of  his  kind- 
;  heard  of  it. 
ur  hearts  say 

that  we  may 

listen  to  me. 

wife,  and  the 

ed,  and  those 

11  these  to  V:)e 

And  further, 

by  returning 

ill  be  buried, 

ry  tribe  that 

enemies.  On 


1847 


PROVISIONAL   GOVERNMENT 


391 


the  other  hand,  every  tribe  that  does  not  unite  with  and  protect  them,  we  shall 
look  upon  as  our  friends,  and  protect  them  if  nece.ssary.  My  brothers,  consider 
this  well.  The  Americans  are  a  great  people  ;  a  few,  very  few,  have  come  to  this 
country.  Our  Great  Chief  has  always  been  told  tliat  the  Indians  in  this  country 
were  all  friendly;  he  has  not  sent  any  of  his  war  chiefs  here.  We  have  now  sent  word 
to  him,  that  our  people  have  been  killed,  his  war  chiefs  will  come,  and  should  you 
prefer  war  to  peace,  let  me  tell  you,  and  listen  bj  what  I  say,  they  will  punish  you 
until  you  shall  be  fully  satisfied  with  war,  and  be  glad  to  make  peace.  Consider 
this  well,  if  your  young  men  speak  for  war.  My  advice  to  you  as  a  friend  is,  that 
you  deliver  up  the  murderers,  or  let  the  Americans  go  and  take  them,  without  your 
interfering  with  them.  In  this  case  do  not  let  the  nuirderers  shelter  among  you,  lest 
your  people  should  get  killed  through  mistake,  for  which  I  would  be  very  sorry. 

1  have  sent  this  news  to  California,  and  very  soon  one  or  more  ships  of  war 
will  be  here,  but  if  you  are  determined  to  be  friendly  with  the  Anu-ricans,  this 
need  not  alarm  you  ;  Americans  never  injure  their  friends.  We  know  our  Great 
Chief  wishes  the  Americans  and  Indians  to  be  as  brothers.  We  wish  to  be  so. 
Will  you  let  us  be  as  brothers,  or  will  you  throw  us  away.  I  could  talk  a  great  deal, 
but  will  say  no  more  at  this  time.  The  three  chiefs  that  I  have  sent  up  to  meet 
you  and  talk  to  you,  will  tell  you  what  is  wanted,  whatever  they  say  to  you,  you 
can  believe.  In  testimony  that  this  is  my  writing,  I  sign  my  name,  this  second 
day  of  February,  1848.  GEO.   ABERNETHV. 

Gov.  of  Oregon  Territory. 

Speech  of  Ca>iiash-pello — Cayuse  War  Chief. 
"  My  people  seem  to  have  two  hearts.  I  have  t)nt  one.  My  heart  is  as  the 
Ncz  Perces.  I  have  had  nothing  to  do  with  the  murderers.  Tamsuckie  came  to 
me  to  get  my  consent  to  the  murder,  before  it  was  committed.  I  refused.  I  pointed 
to  my  sick  child,  and  told  him  my  heart  was  there,  and  not  on  murder.  He  went 
back  and  told  his  friends  he  Lad  obtained  my  consent — it  was  false.  I  did  not 
give  my  consent  to  the  murder,  neither  will  I  protect  or  defend  the  murderers." 

Speech  of  foscph: — Xez  Perce  Chief. 
Who  was  the  princioal  chief  dtiring  the  absence  of  Ellis,  who  with 
many  of  his  warriors,  was  absent  in  the  buffalo  country  on  their  an- 
nual htint. 

"Now  I  show  my  heart.  When  I  It.ic  my  home  I  showed  my  heart.  I  took 
the  book  (  a  Testament)  in  my  hand  and  brought  it  with  me — it  is  my  light.  I 
heard  the  Americans  were  coming  to  kill  me.  Still  I  held  my  book  before  me 
and  came  on.  I  am  here.  I  have  heard  the  words  of  your  chief.  I  speak  for  all 
the  Cayuses  present,  and  all  my  people.  I  do  not  wish  my  children  engaged  in 
this  war,  although  my  broiher  is  wounded.  You  speak  of  the  murderers.  I  shall 
not  meddle  with  them.     I  bow  my  head. 

Speech  of  facob. — Nez  Perce  Chief. 
"  It  is  the  law  of  this  country,  that  the  murderer  shall  die.  This  law  I  keep 
in  my  heart,  because  I  believe  it  is  the  law  of  God — the  first  law.  I  started  to  see 
the  Americans,  and  when  on  the  way,  I  heard  thf^  Americans  were  coming  to  kill 
all  the  Indians — still  I  came.  I  have  heard  your  speech  and  am  thankful.  When 
I  left  home,  I  believed  the  Americans  were  coming  for  the  murderers  only.  I  thank 
the  Governor  for  his  good  talk. 


V'. 


392 


brown's  potjticai.  history. 


1847 


1 


1! 


Speech  of  James. — A^ez  Perce  Chief. 
"  I  have  heard  your  words  and  my  lieart  is  glad.  When  I  first  heard  of  this 
nnirdcr,  our  white  brother  vSpalding  was  down  here.  I  heard  the  Cayuses  had 
killed  him  also,  and  my  heart  was  very  sad.  A  few  days  after,  when  ho  returned, 
I  met  him  as  one  arisen  from  the  dead.  We  spoke  to^'ether.  He  said  he  wouhl  go 
to  Willamette.  I  told  him  to  tell  the  chiefs  there,  my  heart.  We  have  been  listen- 
ing for  some  word  from  them.     .Ml  these  chiefs  arc  of  one  heart." 

Speech  of  Red  Wolf.—Nez   Perce  Chief. 

"You  speak  of  Dr.  Whitman's  body.  When  I  heard  of  the  Doctor's  death,  I 
came  and  called  for  the  murderers.  I  wished  to  know  if  it  was  the  work  of  the 
chiefs.  I  went  to  Tawhatoe's  and  found  it  was  not  of  all,  but  of  the  yt)ung  meu. 
I  did  not  sleep.  I  went  to  Mr.  Spalding  and  told  him  the  chiefs  were  engaged  in 
it.  Mr.  Spalding  said  I  go  to  Willamette, and  will  say  the  Ne/  Perces  have  saved  my 
life,  and  I  go  to  Willamette  and  to  save  yours.  We  have  been  listening  to  hear  from 
the  white  chiefs." 

speech  of   Timothy. — Ncz  Perce  Chief. 

(  This  man  repeated  each  sentence  as  spoken  by  the  Indians  ;  hence,  probably 
the  language  :  "I  am  as  one  in  the  air.")  "You  hear  these  chiefs,  they  speak 
for  all.  I  am  as  one  in  the  air.  I  do  not  meddle  with  these  things.  The  chiefs 
speak.     We  are  all  of  their  mind." 

Speech  of  Richard. — Ncz  Perce  Chief. 
"  I  feel  thankful  for  the  kind  words  of  your  chief.  My  people  will  take  no 
part  in  this  matter.  Our  hearts  cling  to  that  which  is  good.  We  do  not  shed  blood. 
This  is  the  way  our  old  chief  (  Cut  N'ose),  talked.  His  last  word  were  :  '  My  chil- 
dren, I  leave  you — love  that  which  is  good — be  always  on  the  side  of  right,  and 
you  will  prosper. '  His  children  remember  his  words.  He  told  us,  '  take  no  bad 
advice.'  Why  should  I  take  bad  words  from  }-our  enemies,  and  throw  your  good 
words  away?  Your  chief's  words  are  good.  I  thank  him  for  them.  My  chief  in 
the  buffalo  country,  will  be  glad  to  hear  I  talk'-d  ihus  to  you.  He  would  be  sorry 
should  I  talk  otherwis-e.     This  much  I  teli  you  of  !He  hearts  of  my  people." 

Speech  of  Kentuck. — .■\>.:  Perce  Chief. 
•  "The  chiefs  have  all  spoken;  I  havelisteneil,  and  now  I  wish  to  speak  a  little,  I 
have  been  much  with  the  .\mericaiis  and  French — they  know  my  heart,  Can  any- 
one tell  anything  bad  of  me?  In  war  with  the  lUackfcet,  I  and  my  father  fought 
with  tlic  Americans,  and  my  father  was  killed  there — he  (pointing  to  Mr.  Newell), 
knows  it.  Since  then  I  have  loved  the  whites.  Last  year  1  was  in  California,  at 
Captain  Sutter's,  and  helped  Captain  Fremont — not  for  pay,  but  from  a  good  heart. 
I  came  home  and  heard  the  T^octor  was  killed  !  We  heard  that  the  whites  were 
told  we  were  with  the  Cayuse...  We  have  not  such  hearts.  I  and  my  people  are 
from  the  farthest  part  of  our  ctuntry.  Wc  had  heard  there,  that  you  were  coming 
to  kill  off  the  last  Indian  west  if  the  mountains.  We  have  never  shed  the  blood  of 
the  Americans.     We  are  glad  \.^  hear  that  you  want  none  but  the  murderers." 

Remarks  of  J.  Palmer,  Supertniendenl  of  Indian  Affairs,  to  Peo-Peo-uwx-moXf 
the   Walla   Walla  Chief  and  his  people. ' 
Chief.     We  are  glad  to  see  you,  and  have  an  opportunity  to  talk  with  you. 
We  have  been  sent  here  by  the  American  people  to  find  out  who  murdored  Doctor 

I  It  is  not  exactly  clear  why  Gen.  Palmer  should  first  address  Peo-peo-mox-mox,  without  it 
was  that  he  was  there  by  special  invitation  and  closely  connected  to  Camash-pelloo.  the  Cayuse  war 
chief.     Peo-peo-mox-mo.x  was  to  be  feared  as  he  was  a  powerful  chief. 


1847 


eanl  of  this 
L'ayiises  had 
u;  returned, 
he  would  i^u 
;  been  listen- 


or's  death,  I 
work  of  the 
young  men. 
;  engaj^ed  in 
ive  saved  my 
to  hear  from 


ce,  probaVjly 

i,  they  speak 

The  chiefs 


will  take  no 
)t  shed  blood. 
:  '  My  chil- 
jf  right,  and 

take  no  bad 
w  your  good 

My  chief  in 
ould  be  sorry 
ople." 

;ak  a  little,  I 
t.  Can  any- 
father  fought 
Mr.  Xewell), 
California,  at 
a  good  heart, 
whites  were 
\-  people  are 
were  coming 
d  the  blood  of 
rderers." 

to-i/io.v-moxt 

ilk  with  you. 
■dored  Doctor 

nox,  without  it 
the  Cayuse  war 


1847 


PROVISIONAL   GOVERNMKNT. 


393 


Whitman, his  v\  ifc.and  the  other  Americans  at  \Vaiilatpu,and  ask  thrt  justice  be  done. 
We  are  vjlad  to  hear  that  you  had  no  hand  in  the  matter,  aud  that  ^.-ou  would  not 
unite  wuh  the  Cayuses.  We  l)elieve  this  report,  for  wo  heard  a  loif.;  way  off  by 
Lieut.  Fremont,  that  you  and  your  people  had  fought  with  the  .Vmericans  in  Cal- 
ifornia, that  you  acted  bravely,  and  that  your  hearts  were  good  toward  the  .Amer- 
icans. Your  conduct  since  the  massacre  convinces  us  that  wc  judged  rightly.  We 
now  consider  you  u  great,  good  cliief — your  conduct  places  you  far  above  tliose 
around  you.  These  things  have  been  written  down,  aud  sent  to  our  Great  Chief, 
that  all  tnay  know  it.  You  are  now  getting  old,  why  should  you  embroil  yourself 
and  people  in  a  war  with  the  .\mericans?  You  will  iu)t  doit — you  will  listen  to 
good  counsel.  We  do  not  coTue  here  to  do  wrong  to  the  Indians,  but  to  do  them 
good.  To  separate  the  innocent  from  the  guilty.  Must  we  allow  bad  men  to  mur- 
der our  brothers,  aud  ill  treat  our  women,  and  not  punisii  them?  All  good  people 
say  no.  The  Great  Master  of  life,  orders  that  the  guilty  be  punished.  It  is  our 
duty  to  do  it.  It  is  the  duty  of  every  good  man  to  aid  in  bringing  the  guilty  to 
punishment.  It  is  tliis,  that  brings  us  here.  You  express  a  desire  to  be  with  us  in 
council  with  the  Ne/,  I'erces,  it  is  our  wish  that  you  should  be  present.  I'or  the 
present,  I  have  nothing  more  to  saj'. 

Rcinarks,  of  J.    Pabncr  in  Council   ivith  the  Ncz  Pcrces,    Walla     JFallax,  am! 

friendly  Cayuses. 

Chikk.?  and  Friends.  W^e  are  glad  to  see  aud  hold  a  dk  with  you.  We 
now  believe  that  we  shall  reason  like  men,  and  that  all  the  difficulties  that  exist 
between  the  whites  and  the  Indians  of  this  country  can  l)e  settled  without  further 
fighting.  With  the  Xcz  I'erces  we  are  and  always  have  been  at  peace.  I  am  glad 
to  say  we  have  not  seen  cause  of  war,  and  in  this  council  I  hoi)e  we  shall  strengthen 
the  bonds  which  have  heretofore  existed  between  us  and  the  Nez  Perccs  and  Walla 
Wallas.  Rut  with  the  Cayuses  this  cannot  be  said.  The  land  of  the  Cayuses  has 
been  stained  with  the  blood  of  our  brothers — the  Cayuses  have  done  it.  What  shall 
be  done?  The  great  God  orders  thai  the  guilty  be  punished.  Is  it  not  our  duty 
to  do  it.  Is  it  not  the  duty  of  all  good  men,  to  aid  in  punishing  those  murderers  ? 
But,  we  do  not  wish  to  injure  the  innocent.  We  have  been  long  coming,  Mr. 
Newell,  Mr.  Lee  and  myself  were  sent  to  see,  and  talk  with  the  chiefs.  Hut  when 
we  reached  Wascopam  we  were  told  that  the  roa<l  was  closed,  and  that  the  Cayuses 
had  been  down  and  killed  two  of  our  men.  That  they  had  hired  a  great  many  In- 
dians to  join  them.  That  if  we  came  we  would  be  killed.  We  then  waited  for  our 
war  chief,  we  came  with  him.  Many  met  us  on  the  road  aud  made  war.  We  wished 
peace,  and  went  in  advance  of  our  war  chief  with  a  flag  to  hold  a  talk,  but  their 
young  men  were  surrounding  us,  and  made  signs  of  war.  We  returned  to  the 
wagons  with  sickened  hearts,  for  we  could  not  prevent  the  fighting.  We  sent 
messengers  with  letters,  telling  them  that  we  did  not  come  to  make  war  upon  the 
innocent,  it  w.-is  the  guilty  that  were  to  be  punished.  They  would  not  listen  to  our 
talk,  we  were  grieved.  vSome  of  their  men  were  killed,  and  others  wounded  ;  some 
of  our  men  were  wounded,  but  none  killed.  Since  then  we  have  seen  some  of  these 
chiefs  ;  we  know  not  whether  they  will  listen  to  us  ;  but  we  must  punish  these  mur- 
derers, aud  all  those  who  unite  with  them,  we  shall  consider  as  an  enemy.  The 
Cayuses  have  forfeited  their  lauds  by  making  war  upon  the  Americans  ;  but  we  do 
not  want  these  lands,  but  we  wish  to  open  the  road  for  Americans  to  travel,  as  they 
have  done  before  ;  and  if  the  Cayuses  continue  to  make  war  upon  us,  we  shall  be 
compelled  to  drive  them  from  their  lands.  We  shall  build  a  fort  and  station  a 
number  of  men  at  Waiilatpu. 

Our  war  chief  will  hunt  these  murderers  as  you  hunt  the  deer,  until  he  drives 


394 


BROWN  S   POLITICAL   HISTORY. 


I8 


■+/ 


them  from  the  face  of  the  earth.  It  is  no  credit  to  be  associated  with  murderers. 
Suppose  you  all  were  to  unite  with  the  Cayuses  and  kill  us  off;  we  are  but  a 
handful.  Others  would  come  with  both  hands  full  and  wipe  you  out.  We  have  not 
two  hearts,  nor  a  forked  tongue,  we  speak  the  truth.  The  Americans  are  many, 
and  if  the  Cayuses  were  wise,  they  would  listen  to  us,  cease  fighting  and  surrender 
the  guilty.  They  must  also  return  the  property  belonging  to  the  mission  and  to 
individuals,  as  well  as  to  Seletza,  whom  they  have  robbed,  and  in  every  case  where 
the  property  has  been  destroyed,  or  injured,  an  equivalent  must  be  given  ;  when 
this  is  done,,  we  will  talk  of  peace  with  them.  We  have  submitted  to  many  wrongs 
whilst  traveling  to  our  country,  the  Willamette.  We  did  not  go  to  war  with  them, 
because  our  chief  had  told  our  people  not  to  interrupt  the  Indians.  We  are  slow  to 
get  angry,  l)ut  when  we  l)egin  war,  we  never  quit  until  we  conquer.  These  rob- 
bers must  pay  for  the  wrongs  tiiey  have  done  our  people  ;  the}'  need  not  expect  to 
es:ape.  Our  war  chief  has  a  good  heart,  he  wishes  the  Indians  well,  but  will  pun- 
ish the  baci.  We  have  sent  word  to  our  Great  Chief  of  what  has  been  done  ;  we 
soon  expect  great  ships. 

Three  years  ago,  when  I  was  here,  I  saw  many  of  these  people  ;  when  I  went 
home  I  wrote  a  book;  I. sent  it  among  our  people.  I  spoke  of  these  people,  told  them 
how  well  you  all  behaved.  That  the  Nez  Perccs,  Walla  Wallas,  and  Cayuses,  were 
ail  good  people,  that  you  listened  to  good  advice.  O,  how  I  was  astonished  wlicn 
I  heard  what  had  been  done  !  I  did  not  believe  it,  but  I  see  that  it  is  so.  I  have 
lied,  for  I  said  your  people  were  all  good — it  is  not  .so,  I  am  ashamed  of  what  I  said, 
but  I  am  glad  there  are  some  good  people,  I  esteem  you.  We  must  judge  your 
hearts  by  your  acts.  I  am  told  the  Cayuses  say,  that  Dr.  Whitman  was  poisoning 
them.  They  know  better,  is  it  not  the  fate  of  all  to  die  ;  do  not  the  Americans  die 
as  well  as  the  Indians?  Do  they  charge  the  other  Americans  with  poisoning  them? 
No,  why  did  they  kill  them  ?  Because  their  hearts  were  bad,  they  listened  to  bad 
counsel.  When  men's  hearts  get  bad,  they  are  ready  to  give  and  take  bad  counsel. 
I  learn  they  say  they  had  ordered  Dr.  Whitman  away.  Did  the  chiefs  do  it  in 
counsel,  or  did  a  few  bad  men  wish  to  drive  him  off,  so  that  they  might  get  his 
property,  and  ill  treat  our  women.  If  our  people  do  a  bad  act,  we  punish  them. 
If  my  brother  commit  murder,  he  is  hanged  by  the  neck  until  he  is  dead.  We  are 
sorry  to  do  it,  but  the  peace  and  safety  of  our  people  demand  it.  Our  great  God  of 
heaven  commands  it  and  it  must  be  done.  Was  not  Dr.  Whitman  doing  them  all 
the  good  he  could,  were  the  whites  injuring  them.  How  is  it,  who  enabled  them 
to  be  thus  comfortably  clothed.  How  came  they  to  have  cows,  and  cattle  for  beef, 
wheat,  corn,  peas,  and  potatoes  for  food  ;  why  are  all  these  fields  that  we  see  along 
the  streams;  for  whose  benefit  are  they.  Is  the  Indian's  condition  so  much  better 
than  that  of  the  whiits  that  they  wish  to  throw  away  our  counsel.  Hut  I  hope  they 
will  see  their  errors,  will  get  good  hearts  and  do  well  hereafter.  When  chiefs  do 
wrong,  what  must  we  expr  Jt  of  the  people?  But  we  will  not  acknowledge  these 
murderers  as  chiefs  ;  none  but  good  men  should  be  chiefs.  The  chiefs  should  gov- 
ern their  people. 


I\lr.  NewelVs  Retnarks  to  the  A'cz  Perces  in  Council  at  IVaiilatpu,  3farch  7,  /S4S. 

Brothers.  I  have  a  few  words  to  say,  call  together  all  your  men,  old  and 
young,  women  and  children.  This  day  I  am  glad  to  see  you  here,  we  have  come 
to  talk  with  you,  and  to  tell  you  the  duty  we  owe  to  our  God  and  all  good  people. 
I  have  not  come  here  to  make  peace  with  you,  we  never  have  been  at  war,  but  al- 
ways friendly.  This  I  know,  this  all  our  people  know.  I  have  fought  with  the 
Nez  Perces,  some  of  them  I  see  here,  but  we  were  on  the  same  side  ;   we  have  lost 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


395 


I  murderers. 
we  are  but  a 
We  have  not 
IS  are  many, 
nd  surrender 
ission  and  to 
•y  case  where 
jiven  ;  when 
:nany  \vroni,'s 
ir  with  them, 
e  are  slow  to 
These  rob- 
lot  expect  to 
but  will  pnn- 
ea  done  ;  we 

when  I  went 
3le,  told  them 
2ayiises,  were 
)uished  when 
s  so.     I  have 
if  what  I  said, 
St  judge  your 
vas  poisoning 
Unericans  die 
isoning  them? 
itened  to  bad 
bad  counsel. 
:hiefs  do  it  in 
might  get  his 
punish  them, 
ead.     \Vc  are 
r  great  God  of 
oing  them  all 
enabled  them 
attle  for  beef, 
:  we  see  along 
o  much  better 
ut  I  hope  they 
lien  chiefs  do 
jwledge  these 
fs  should  gov- 


\rarch  7,  1S4S. 
men,  old  and 
ve  have  come 
1  good  people, 
at  war,  but  al- 
ught  with  the 
we  have  lost 


friends  on  the  same  day  and  at  the  same  battle  together  But  we  did  not  lose  those 
friends  in  trying  to  kill  innocent  people,  but  by  trying  to  save  our  own  lives.  This 
I  have  told  our  people,  our  people  believe  it.  I  have  told  them  you  are  honest  and 
good  people,  they  believed  it.  Your  hands  are  not  red  with  blood.  I  am  glad,  my 
children  are  glad.  And  now  brothers  hear  me,  never  go  to  war  with  the  Ameri- 
cans, if  you  do,  it  will  be  your  own  fault  and  you  are  done.  I  have  come  here  to 
see  you,  the  Nez  Perces  and  other  good  people,  no  one  else.  I  am  not  here  to  fight, 
but  to  separate  the  good  from  the  bad,  and  to  tell  you  that  it  is  your  dutj-  to  help 
make  this  ground  clean.  Thank  tod  you  have  not  helped  to  make  it  bloody.  I 
was  glad  to  hear  the  Nez  Perces  had  no  hand  in  killing  Dr.  Whitman,  his  wife  and 
others.  What  have  the  Cayuses  made,  what  have  they  lost  !  Everything,  noth- 
thitig  left  but  a  name.  All  the  property  they  have  taken,  in  a  short  time  will  be 
gone,  only  one  thing  left,  that  is  a  name,  "  the  bloody  Cayuses."  They  never  will 
lose  that,  only  in  this  way,  obey  the  great  God  and  keep  his  laws.  And  my  friends 
this  must  be  done,  if  you  will  ol)ey  God  and  do  what  is  right,  we  must.  This  is 
what  our  war  chief  has  come  for.  What  is  our  duty  to  the  great  God  ?  This  is  his 
law.  He  who  kilis  man,  by  man  shall  his  blood  be  spilt.  This  is  his  law.  This 
is  what  God  says,  and  he  must  be  obeyeii,  or  we  have  no  peace  in  the  land.  There 
are  good  people  enough  here  among  the  murderers  to  have  peace  again  in  the  land 
should  they  try.  In  a  few  days  we  could  go  about  here  as  we  have  done,  all 
friendly,  all  happy.  Will  you  hear,  or  will  you  not.  You  have  heard  that  we 
have  come  here  to  fight  all  the  Indians,  it  is  not  so.  The  evil  spirit  has  put  bad 
words  in  the  mouths  of  those  murderers  and  they  have  told  you  lies. 

My  friends,  one  thing  more  let  me  tell  you;  we  have  come  here  because  it  was 
our  duty.  We  are  sorry  to  have  to  come,  but  the  laws  of  God  have  been  broken 
on  this  ground,  look  at  these  walls,  see  how  black  they  are,  look  at  that  large 
grave  ;  He  is  angry  with  those  people  who  broke  His  laws,  and  spilt  innocent 
blood.  How  can  we  have  peace.  This  way  my  friends  and  no  other.  All  join 
together,  and  with  goor  hearts  try  to  get  those  murderers  and  do  by  them  as  the 
great  God  commands,  rud  by  so  doing,  this  land  will  be  purified,  and  in  no  other 
way  will  we  have  peace.  I  am  sorry  to  see  people  fight  like  dogs.  People  who 
love  to  kill  and  murder:  they  arc  bad  people.  We  have  come  here  to  get  those 
murderers,  if  good  men  pnts  themselves  before  those  bad  people,  they  are  just  as 
if  they  had  helped  to  murder,  and  we  will  hold  them  as  such.  The  most  of  the 
C  -j'uses  have  gone  off,  but  a  few  arc  here,  they  have  left  their  farms.  Why  is  this, 
what  have  they  done  ?  Because  some  of  their  people  have  been  foolish,  all  should 
not  turn  fools  and  be  wicked.  I  am  sorry,  very  sorry  to  see  it  so.  What  will  they 
if  they  fight  us,  and  fight  against  our  God,  and  break  our  laws.  I  wU  tell  you, 
they  will  become  poor,  no  place  will  they  find  to  hide  their  heads,  no  place  on  this 
earth  nor  a  place  in  heaven,  but  down  to  hell  should  they  go  if  God's  words  are 
true.     I  hope  you  will  be  advised  and  take  good  council  before  it  is  too  late. 

Our  war  chief  has  waited  a  long  time  for  the  Cayuses  to  do  what  is  right,  he 
will  wait  no  longer,  and  when  he  begins  to  fight,  I  do  not  know  when  he  will  stop. 
His  heart  is  sore  for  Dr.  Whitman  and  his  wife,  tht.t  have  been  slaves  to  these  peo- 
ple, who  done  all  they  could  to  teach  them  how  to  work,  and  how  to  do  all  good 
things,  that  they  might  live  like  the  whites  a.uibe  Christians,  but  they  have  joined 
the  evi.  one  and  become  bad  ;  they  have  murdered,  they  must  not  escape.  My 
friends  I  am  not  angry,  1  am  sorry.  The  oth.er  day  over  yonder  where  we  fought 
the  Cayuses,  we  saw  people  coming,  I  went  with  a  flag,  I  had  no  gun,  made  signs 
of  peace,  waved  the  flag  for  them  not  to  shoot,  but  stop  and  talk,  but  they  would 
not.     I  went  back  sorry,  I  knew  there  were  some  people  there  who  had  done  us 


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1847 


no  harm  ;  but  those  bad  people  told  them  lies,  aud  gave  them  horses  to  fight  us. 
Bought  them  like  slaves  to  fight.  I  knew  they  came  blind,  they  knew  not  what 
they  were  doing;  I  wanted  to  tell  them  what  we  had  come  for  but  could  not.  I 
have  done  my  duty.  God  knows  my  heart.  If  I  do  wrong,  then  the  great  God 
will  punish  me,  and  now  I  tell  you  the  same  as  if  you  were  my  own  children.  Do 
not  join  with  those  murderers,  nor  let  them  come  in  your  country,  or  in  your  lodges, 
or  eat  with  them  ;  but  try  and  bring  them  to  justice. 

My  friends,  I  have  no  more  to  say  to  you  now.  I  have  come  a  long  way 
to  see  you  and  talk  with  you,  will  you  throw  my  words  away  ?  I  hope  not,  I 
beg  you  to  hear  my  words  and  be  wise.  I  have  brought  this  flag  for  the  Nez  Pcrces; 
take  it,  I  hope  you  will  keep  clear  of  blood.  Let  the  Nc/.  Pcrces  assemble  and  set. 
tie  among  yourselves  who  will  keep  the  flag.  Ellis  is  not  here,  and  many  itLcr 
chiefs  are  gone  to  the  buffalo  country  that  I  am  acquainted  with.  Mr.  Craig  v,.  , 
tell  you  that  we  are  your  friends  ;  he  loves  you ;  so  do  we  all  like  him  ;  he  has  told 
us  many  good  things  of  you. 

After  which  Messrs.  Lee,  Gilliam  and  McKay,  all  spoke,  corroborating  in  •■.ub- 
stance  what  the  first  two  had  said.  A  social  conversation  then  ensued,  after  which 
the  Superintendent  of  Indian  Affairs  told  them  that  Mr.  Craig  would  remain  with 
them  for  the  present,  as  his  agent,  and  would  assist  and  instruct  them  in  their 
efforts  at  agriculture.  That  as  soon  as  the  present  difficulty  was  settled,  he  would 
send  them  a  blacksmith,  and  if  they  wished  it,  a  school  teacher  ;  that  after  this  no 
other  white  man  should  settle  upon  their  lands  without  their  consent.  But  thai 
tho^e  already  settled  and  having  families  amongst  them  must  be  respected  both  in 
person  and  property — and  others  should  be  allowed  to  travel  peacefully  through 
their  country  for  the  purposcof  trade,  &c.,  and  they  should  have  the  same  privilege 
to  travel  through  our  settlements.  That  if  any  difficulty  occurred  between  them 
and  the  whites,  they  should  make  it  known  to  him  through  Mr.  Craig,  or  other- 
wise, and  he  would  have  it  fairly  adjusted  between  them.  To  all  of  which  they 
gave  a  sanction.  Mr.  Newell  then  presented  them  a  large  .\merican  flag,  as  a  na- 
tional present,  and  requested  them  to  preserve  it  as  such— and  to  hoist  it  on  all 
national  occasions,  which  they  received  with  evident  good  will.  \Vc  also  gave 
them  some  tobacco  to  smoke  in  friendship  to  the  .Vmcricans,  and  we  are  happy  to 
say  the  whole  affair  went  off  highly  satisfactory  to  all  parties.  In  the  evening  the 
Nez  I'erces  gave  us  a  zvar  dance,  which  amused  and  delighted  us  much  ;  and  we  do 
them  but  bare  justice  when  we  say  the  performance  was  well  timed,  the  parts  well 
acted,  characters  represented  to  the  very  life,  and  the  whole  fiyst  rate.  We  felt 
gratified  with  our  success  in  our  efforts  to  prevent  a  general  war  with  the  Indians, 
in  saving  the  Nez  Perces  which  havl  been  a  matter  of  much  anxiety  with  us;  in 
breaking  the  ranks  of  the  enemy  by  calling  off  their  ahies  ;  aud  especially'  in  sep- 
arating the  innocent  from  the  guilty. 

On  our  return,  we  fell  in  with  Yellow  Serpent,  who  accompanied  ns  to  Walla 
Walla  and  there  spent  the  evening  with  us  in  friendly  conversation.  He  told  us 
that  the  Walla  Walla  Indians  wlio  had  been  with  the  Cayusp  had  k't  them,  as 
most  of  their  other  allies  had  done.  We  inquired  for  the  Ir.  li^-n  who  i/(:Aieuded 
Mr.  Osborne  and  his  family  and  found  that  he  was  a  brother- in  Ik;.- to  Mr  P,*^. -Bean's 
interpreter.  We  expressed  our  appreciation  of  such  praisewo*  thy  conl'-tct,  .nd  our 
wish  to  reward  him.  He  was  not  present  however,  and  the  mauiiestatiot  of  our 
sincerity  remains  yet  to  be  made,  which  it  is  hoped  will  not  be  neglected.  It  was 
a  matter  of  much  regret  to  us,  that  neither  the  Superintendent,  nor  the  Commis- 
sioners were  able  to  compensate  such  and  similar  services,  in  a  manner  becoming 
Americans.    The  boy  whom  Seletza  sent  on  his  own  horse  from  Wascopam  to  our 


1 847 


1S47 


PROVISIONAL  GOVERNMENT. 


397 


3  to  fight  us, 
tievv  not  what 
:oulcl  not.  I 
le  great  God 
:hildren.  Do 
L  your  lodges, 

;  a  long  way 
I  hope  not,  I 
e  Nez  Pcrces; 
mble  and  set 
i  many  Mtl  cr 
Ir.  Craig  v, 
1  ;  he  has  tol'i 

irating  in  •■.ub- 
d,  after  which 
d  remain  with 
them  in  their 
led,  he  would 
t  after  this  no 
2nt.     But  thai 
aected  both  in 
jfuUy  through 
;anie  privilege 
between  them 
raig,  or  other- 
)f  which  they 
flag,  as  a  na- 
hoist  it  on  all 
We  also  gave 
;  are  happy  to 
le  evening  the 
ch  ;  and  we  do 
the  parts  well 
rate.     We  felt 
h  the  Indians, 
ty  with  us;  in 
ecially  in  sep- 

:d  us  to  Walla 
He  told  us 
1  \(.\  them,  as 
vho  i^<;frieniled 
Ml  "^T.-Hean's 
iv'-act,  .nd  our 
statiot  of  our 
ected.  It  was 
r  the  Commis- 
mer  becoming 
iscopam  to  our 


»*, 


camp  at  the  Springs,  with  dispatches  to  us,  performed  that  trip  of  more  than  100 
miles  through  a  hostile  country,  entirely  alone,  and  in  about  twelve  hours.  A  feat 
that  perhaps  few  men  in  our  regiment  would  have  undertaken.  We  repeat  our  re- 
gret at  not  having  the  means  to  make  them  sensible  of  the  estimate  we  place  upon 
such  service.  In  the  absence  of  any  appropriation  made  by  law  for  the  pay  of  con- 
tingent expenses  in  this  department,  we  could  only  make  them  such  presents  as 
our  private  resources  would  allow. 

On  our  return  to  Wascopam,  we  were  truly  delighted  to  find  our  old  friend  vSue, 
with  his  village,  quietly  encamped  near  the  fort,  with  the  Stars  and  Stripes  ( a 
present  from  us)  proudly,  but  peacefully  waving  over  their  matted  tents.  We  held 
a  council  with  these  and  the  Wasco  Indians,  confirming  the  friendly  relations 
which  had  already  sprung  up  between  us  and  them,  and  enforcing  upon  the  chiefs 
the  duty  of  commanding  their  people,  and  upon  the  people  that  of  obedience  to  their 
chiefs.  Telling  them  that  hereafter,  we  should  hold  the  chiefs  responsible  for  the 
conduct  of  their  people  towards  the  whites.  But  if  any  would  not  obey,  the  chiefs 
shouldreport  them  to  the  Superintendent,  who  would  excuse  the  chiefs  and  punish 
the  individual.  To  this,  both  the  chiefs  and  people  gave  their  assent.  Sue  reported 
Walluptuleekt  as  having  started  to  join  the  Cayuses  with  the  property  belonging 
to  the  late  emigrants.  But  for  some  cause,  had  turned  up  towards  the  head  of 
John  Day's  river  where  he  is  still  encamped.  Sue  thinks  Walluptuleekt  would  be 
glad  to  make  friends,  but  is  afraid  to  come  to  us  thinking  he  has  done  so  bad  that  we 
would  kill  him.  We  again  sent  him  word  to  come,  saying  we  never  injured  any  one 
whom  we  invited  to  come  to  see  us,  but  always  regarded  such  an  invitation  as  a  sa- 
cred pledge  of  protection — for  the  time  at  least.  We  fear  however,  that  he  having 
disposed  of  much  of  the  property  in  such  a  way  that  he  cannot  now  reclaim  it,  will 
by  that  means  be  debarred  from  coming  ;  and  as  one  of  his  brothers  was  killed  in  the 
bat'le  with  the  Cayuses,  it  is  probable  he  will  ultimately  join  them. 

.n  conclusion,  allow  us  to  say  that,  we  believe  the  war  party  of  the  Cayuses 
i'.sP'  row  so  reduced  in  numbers  that  they  are  not  likely  to  risk  another  engagement 
\v  the  field  with  the  regiment,  at  least  for  the  present.  Sticas,  Camash  pelloo,  and 
Ti  :  tin  j:iate-sah  (Cayuses)  have  left  the  murderers,  and  were  friendly.  Young 
Chief  had  also  left  them,  but  would  not  come  to  see  us.  He  had  gone  to  the  mount- 
ains with  his  own  lodge  only.  The  last  account  we  had  of  the  war  party,  they 
were  retreating  towards  Snake  river.  The  accompanying  extract  of  a  letter  written 
in  camp  on  the  12th  inst.,  will  give  you  the  latest  intelligence  we  have  of  them  : 

Camp  on  Touchie,  March  12,  1848. 
Dear  Sir.  We  made  about  ten  miles  the  first  day  and  encamped  at  i  o'clock. 
Soon  afterwards  three  Indians  came  in  with  a  flag,  leading  two  horses,  one  of  which 
pxoved  to  be  the  American  horse  they  had  stolen  from  me  on  Umatilla.  They  said 
iticas  got  Joe  Lewis  and  the  Doctor's  property,  but  in  attempting  to  bring  them 
to  iT>,  was  overpowered  by  hostile  Indians  and  Lewis  rescued.  vSticas  was,  thej' 
said  going  to  await  our  arrival  on  this  creek  with  the  Doctor's  stock  and  other 
property.  We  marched  about  ten  miles  to-day  and  found  Sticas  on  this  creek  with 
forty  or  fifty  head  of  the  Doctors  cattle,  about  the  same  number  of  sheep,  a  few 
horses,  I56  in  money,  and  about  5200  worth  of  other  property,  principally  clothing. 
He  reports  the  Indians  to  have  left  this  morning  for  the  Tucanon.  The  Colonel 
proposes  to  send  the  cannon  back  in  the  morning  and  follow  them.  The  Tucanon 
is  about  tjiirty  miles  north  of  the  Touchie,  and  about  fifty  miles  north  of  Waiilatpu 
the  place  of  the  massacre.  J.  MAGONE. 

Finally  we  beg  leave  to  say  that,  although  we  apprehend  more  immediate  dan- 


' 


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ger  of  mischief  along  our  frontier  settlements,  than  on  the  present  field  of  action, 
yet  we  would  recommend  that  forces  be  stationed  at  Waiilatpu  and  Wascopam, 
sufficient  not  only  to  command  respect  from  the  friendly,  but  also  to  keep  in  awe 
the  hostile  party  of  Indians  around  those  two  points. 

Your  humble  and  ob't  sv'ts.  JOEL  PALMER, 

Supi.  Ind.  Affr's  O.   T. 
To  His  Excellency,  ROBERT  NEWELL, 

George  Aberneth^',  H.  A.  G.  LEE, 

Governor,  Orej  *i   Territory.  Commissioners. 

The  following  is  a  Co.  of  the  treaty  of  peace  between  the  Ameri- 
cans and  Nez  Perces  by  the  Commissioners,  Messrs.  Palmer,  Lee,  and 
Newell,  which  I  found  in  the  State  Department.  It  was  not  signed, 
but  it  is  in  Mr.  Lee's  hand  writing  and  dated  Waiilatpu  ;  and  I  present 
it  as  it  is,  although  not  mentioned  in  the  report : 

ARTICLE  I. 

Section  i.  The  object  ol  this  treaty  is  to  preserve,  perpetuate  and  more  fully 
establish  the  relations  of  peace  and  friendship  which  have  heretofore  existed  be- 
tween the  two  parties.     In  order  to  do  which  it  is  agreed. 

1st.  That  the  Nez  Perces  shall  give  no  aid  or  assistance  to  the  Cayuses  in  the 
present  or  any  future  war  with  the  Americans.  That  they  shall  not  allow  any  of 
the  Cayuses  who  were  engaged  in  the  outrages  at  Waiilatpu,  to  flee  into  and  re 
main  within  their  territory  in  order  to  escape  proper  punishment ;  and  that  they 
will,  so  far  as  they  can  without  bloodshed,  assist  the  whites  in  punishing  the  guilty 
and  saving  the  innocent. 

2d.  That  they  will  respect  the  persons  and  property  of  the  whites  who  are 
now  within  their  territory,  and  such  others  as  shall  be  sent  by  the  Superintendent 
of  Indian  Affairs  to  live  amongst  them,  for  the  purpose  of  instructing  them  in  lite- 
rature, mechanical  arts,  agriculture,  etc.,  but  no  other  white  men  shall  be  permit- 
ted to  intrude  upon  their  lands  without  their  consent. 

ARTICLE  II. 

Section  i.     It  is  agreed  on  the  part  of  the  whites  : 

1st.  That  the}'  shall  not  make  war  upon  the  Nez  Perces,  nor  in  any  way  mo- 
lest or  disturb  them  so  long  as  they  (  the  Nez  Perces )  shall  keep  in  good  faith  this 
treaty.  But  on  the  contrary,  the  Superintendent  of  Indian  affairs  shall  see  that 
they  are  respected  in  their  persons  and  property  by  the  whites,  both  in  their  own 
territory  and  in  the  settlements  of  the  whites,  whenever  they  shall  visit  them  for 
trade.  He  shall  hear  their  complaints,  etc.  It  is  agreed  on  the  part  of  the  whites 
that  they  will  not  make  war  upon  the  Nez  Perces,  but  will  respect  them  as  friends, 
respecting  their  persons  and  property  in  all  places  so  long  as  the  Nez  Perces  keep 
in  good  faith  this  treaty.  That  the  whites  shall  not  be  allowed  to  intrude  upon 
their  rights  by  settling  upon  their  lands  without  their  consent  ;  but  it  shall  be  the 
privilege  of  the  whites  to  pass  through  the  Nez  Perces  country  at  pleasure  while 
they  conduct  themselves  properly.  And  it  is  agreed  that  the  Nez  Perces  shall  have 
the  like  privilege  of  passing  through  the  settlements  of  the  whites,  for  the  purpose 
of  trade,  without  interruption. 

Finally  it  is  agreed  that  the  Americans  and  Nez  Perces  will  be  friends  and 


1847 

ild  of  action, 
i  Wascopam, 
I  keep  in  awe 

vMER, 
ffr's  O.   T. 
NEWELIv, 
LEE, 
inissioTiers. 

the  Ameri- 
:r,  Lee,  and 
not  signed, 
lid  I  present 


,nd  more  fully 
•re  existed  be- 

:ayuses  in  the 
t  allow  any  of 
e  into  and  re 
and  that  they 
ing  the  guilty 

hites  who  are 
jperintendeut 
;  them  in  lite- 
all  be  permit- 


any  way  mo- 
ood  faith  this 
shall  see  that 

in  their  own 
i^isit  them  for 

of  the  whites 
em  a*^  friends, 
z  Perces  keep 
intrude  upon 
it  shall  be  the 
)leasure  while 
ces  shall  have 
)r  the  purpose 

)e  friends  and 


m 


1847 


PROVISIONAL   GOVERNMENT. 


399 


brothers  under  all  circumstances  and  in  all  places.     This  treaty  shall  be  in  full 
force  until  superseded  by  the  government  of  the  United  States. 
Waiilatpu,  the  7th  day  of  March,  A.  D.,  1848. 


Waiilatpu,  April  4,  1848. 
To  His  Excellency,  Gov.  Abernethy: 

Sir.  Since  Col.  Gilliam  went  from  this  place,  our  relations  with  the  supposed 
friendly  Indians  have  undergone  a  material  change.  Not  seeing  any  either  friendly 
or  hostile  for  several  da3's,  I  concluded  to  send  an  express  to  Fort  Walla  Walla, 
and  if  possible,  to  gain  some  information  con>.  erning  their  movements,  as  I  had 
reason  to  believe  from  their  long  silence  there,  there  was  something  wrong.  I  ac- 
cordingly addressed  a  short  note  to  Mr.  McBean,  on  the  evening  of  April  ist,  and 
dispatched  two  of  my  men  with  the  same,  charging  them  strictlj-  to  remain  there 
during  the  day,  and  return  as  they  went,  in  the  night.  They  returned  yesterday 
in  safety,  and  their  narration,  together  with  Mr.  McBean's  written  statements  fully 
confirms  me  in  my  previous  views.  The  Walla  Walla  chief,  notwithstanding  his 
professed  friendship  to  Col.  Gilliam  and  the  Bostons,  now  look  upon  us  as  enemies. 
The  law  prohibiting  the  sale  of  amumnition  appears  to  be  the  principal  hobby. 
By  refusing  it  to  him  and  his  people,  he  says  we  place  him  on  an  equal  footing 
with  the  guilty  ;  and  if  this  law  is  not  abrogated,  they  ( the  W^lla  Wallas  )  will  be- 
come murderers.  This  sentiment,  he  expressed  in  the  presence  of  our  express 
bearers.  There  are  about  sixty  lodges  within  a  quarter  of  a  mile  of  the  fort,  where 
there  was  not  one  when  we  came  up  ;  and  they  are  said  to  contain  between  200  and 
300  warriors,  Mr.  McBean  says  he  has  learned  that  Tam-sukie  is  in  the  Grand 
Ronde  ;  Teloquoit  is  in  the  direction  of  Mr.  Spalding's  mission,  and  his  sons  re- 
ported to  have  left  for  Fort  Hall  with  Joe  Lewis.  Sticus  and  his  band  are  still  in 
the  mountains.  Ellis  and  sixty  of  his  men  have  died  in  the  mountains  with  the 
measles,  and  this  has  produced  its  effect  upon  many  of  our  superstitious  friends. 
The  Cayuses  and  Xez  Forces,  have  had  a  big  feast,  which  to  my  mind  speaks  in 
language  not  to  be  misunderstood.  Mr.  McBean  further  states  the  Palouse  Indi- 
ans, Cayuses,  and  a  portion  of  the  Nez  Perces,  are  awaUing  the  American  forces  to 
fight  them  at  the  Nez  Perces  or  vSnake  river.  But  the  signs  of  the  times  justify-  the 
conclusion  that  we  will  be  attacked  much  nearer  home  and  much  to  our  disad- 
vantage, unless  soon  supplied  with  ammunition.  They  know  our  circumstances 
about  as  well  as  we  do  ourselves,  both  as  regards  to  ammunition  and  provisions, 
and  it  need  not  be  thought  strange  if  they  act  accordingly. 

Walluptuleekt  is  at  the  fort,  and  has  brought  quite  an  amount  of  emigrant's 
property  with  hiri,  which  he  delivered  up  to  Mr.  McBean.  He  says  he  was  afraid 
Col.  Gilliam  would  kill  him,  which  was  the  reason  of  his  not  meeting  him  ;  this  is 
the  report  of  our  men.  Mr.  McBean  did  not  mention  his  name.  My  opinion  is, 
that  we  have  nothing  to  hope  from  his  friendship.  I  see,  by  Gen.  Palmer's  letter  to 
Col.  Gilliam  that  he  refused  to  accept  the  .American  flag,  which  was  presented  by 
his  own  Indians,  he  of  course  had  nothing  to  fear  from  them.  I  have  now  given 
you  the  outline  of  our  unpleasant  situation,  and  doubt  not  that  you  will  make  every 
gexertion  to  forward  us  ammunition,  and  men  too  of  the  right  stripe.  I  have  exa£;- 
erated  nothing,  nor  has  ray  active  cautiousness  prompted  me  to  address  you  upon 
this  subject.  If  they  do  come  upon  us,  be  their  numbers  what  they  may,  rest  as- 
sured, while  there  is  one  bullet  left,  they  will  be  taught  to  believe,  and  that  to  a 
demonstration,  that  the  Bostons  are  not  all  cluchemen  ( women.)  I  have  succeeded 
in  getting  the  mill  to  work,  and  we  are  now  grinding  up  the  little  grain  we  found, 


m 


i\m' 


r'i!: 


400 


BROWN  S   POLITICAL   HISTORY. 


1847 


Mr.  Taylor  died  on  JIarch  24th.     The  wounded  are  well,  but  I  regret  to  say  our 
surgeon  talks  strongly  of  leaving  us  the  first  opportunity. 

Your  obedient  servant,  JAMES  WATERS, 

Li.  Col. 

Fort  Wascopam,  April  7,  184S. 
Gen.  A.  L.  Love  joy: 

Sir.  I  received  your  letter  of  instructions,  by  express  on  3d  inst.,  and  I  as- 
sure you  it  gave  me  great  satisfaction  to  make  them  known  to  the  troops  under 
my  command.  The  promotion  of  Maj.  Lee  to  the  command,  the  boys  have  taken 
fresh  courage,  though  some  of  them  can  hardly  hide  their  nakedness,  and  are  wil- 
ling under  your  promises  to  stick  it  out  like  men.  Give  us  500  men  and  plenty  of 
ammunition,  with  Col.  Lee  at  our  head,  and  I  think  we  will  soon  bring  the  war  to 
an  honorable  close. 

The  Yakima  chiefs  came  over  to  see  us  a  few  days  ago,  and  stated  that  they 
had  written  to  the  white  chief,  but  had  received  no  answer ;  therefore,  they  had 
come  over  to  see  him.  They  spoke  as  follows  :  "  We  do  not  want  to  fight  the 
Americans,  nor  the  French  ;  neither  do  the  Spokanes,  a  neighboring  tribe  to  us. 
Last  fall,  the  Cayusas  told  us  that  they  were  about  to  kill  the  whites  at  Dr.  Whit- 
man's. We  told  them  that  was  wrong,  which  made  them  mad  at  us  ;  and  when 
they  killed  them,  they  came'  to  us  and  wished  us  to  fight  the  whites  which  we 
refused.  We  love  the  whites,  but  they  say,  if  you  do  not  help  us  to  fight  the  whites 
when  we  have  killed  them,  wv  will  com«»  and  kill  you.  This  made  us  cry,  but  we 
told  them  we  would  not  fight,  but  if  they  desire  to  kill  us  they  might.  We  should 
feel  happy  to  know  that  we  die  innocently." 

I  answered  them  as  follows  :  "  We  are  glad  that  you  have  come,  because  we 
like  to  see  friends,  and  do  not  like  to  make  war  on  innocent  people.  The  Great 
Spirit  we  love,  has  taught  us  that  it  is  wrong  to  shed  innocent  blood.  Therefore 
we  wish  everybody  to  be  our  friends.  Our  peace  men  long  ago  sent  you  word,  that 
we  did  not  come  to  make  war  on  any  but  those  murderers,  who  shed  the  blood  of 
our  countrymen,  and  insulted  our  women.  When  we  get  those  wicked  men  we 
will  go  home,  but  those  we  will  have,  if  not  now,  we  will  fight  until  we  do  get  them. 
We  do  not  want  to  kill  any  but  the  murderers  ;  but  all  who  nght  with  them  we  con- 
sider as  bad  as  they  are.  All  tribes  which  receive  them  we  must  make  war  upon, 
because  their  hearts  are  bad,  and  we  know  that  the  Great  Spirit  i.-  '^ngry  with  them. 
We  hope  your  nation  will  not  receive  them.  We  hope  that  youwill  not  let  your 
young  men  join  them,  because  we  do  not  wish  to  kill  innocent  people.  We  hope 
that  if  the  murderers  come  among  you,  you  will  bring  them  to  us.  Then  the 
great  Spirit  will  not  be  angry  with  us.  We  that  fight,  do  not  care  how  many  bad 
people  we  have  to  fight.  The  A  mericans  and  Hudson's  Bay  Company  people  are  the 
same  as  one,  and  you  will  get  no  more  ammunition  until  the  war  is  at  a  close."  I 
gave  them  a  plowi'  as  a  national  gift ;  and  told  them  that  I  gave  that  kind  of  a 
present  because  we  thought  tilling  the  ground  would  make  them  happy.  They  re- 
mained with  us  a  day  and  a  night,  and  then  left  for  their  country  with  an  assur- 
ance of  friendship. 

The  ammunition  boat  arrived  here  this  evening,  and  I  shall  start  tomorrow  for 
Waiilatpu,  with  nine   provision  and  baggage  wagons,  and  about  100  men  to  guard 

'  IConsiderable  sport  was  made  in  regard  to  this  gift  of  a  plow,  as  the  Indians  had  no  manner 
of  use  for  it.  The  real  object  of  these  Yakima  Indians  was  to  have  the  law  prohibiting  the  supply- 
ing of  Indians  with  ammunition  abrogated  in  their  favor,'as  they  were  at  peace  and  had  not  affili- 
ated with  the  hostile  Cayuses, 


irj: 


1847 

;  to  say  our 

ERS, 
Lt.  Col. 

7,   1848. 

t.,  aud  I  as- 
roops  under 
i  have  taken 
and  are  wil- 
nd  plenty  of 
g  the  war  to 

ed  that  they 
re,  they  had 

to  fight  the 
J  tribe  to  us. 
at  Dr.  Whit- 

;   and  when 

Les  whicli  we 

ht  the  whites 

s  cry,  but  we 

We  should 


1847 


PROVISIONAI,   GOVERNMENT. 


401 


;,  because  we 

The  Great 

[.     Therefore 

ou  word,  that 

the  blood  of 
;ked  men  wc 
:  do  get  them. 
them  we  cou- 
ce  war  upon, 
ry  with  them. 

not  let  your 
le.  We  hope 
s.  Then  the 
o\v  many  bad 
Deople  are  the 
t  a  close."  I 
hat  kind  of  a 

y.     They  re- 

ith  an  assur- 

tomorrow  for 
men  to  guard 

liad  no  manner 
ting  the  Kupply- 
nd  had  not  affili- 


thera,  leaving  McKay's  company  to  guard  the  place  until  Col.  Lee's  arrival  here. 
The  scanty  supply  of  ammunition  sent  us  is  almost  disheartening.  If  the  rumor 
that  the  Indians  brought  us  this  evening  be  true,  I  fear  we  will  have  to  shoot  the 
most  of  it  p.t  the  Indians  before  we  can  reach  the  boys.  The  Indians  reported  here 
this  evciiing  that  the  horse  guard  at  Waiilatpu  had  been  killed  by  the  Indians' 
and  all  the  horses  run  off.  I  shall  lose  no  time  I  assure  you,  but  will  relieve  them 
with  all  possible  speed.  Your  obedient  servant.        II.  J.  G.  MAXON, 

Senior  Captain. 

The  following  letter  was  written  by  Jesse  Cadwallader  to  a  friend 
in  the  Willamette  valley,  dated  Fort  Waters,  April  4,  1848.  It  will  be 
noticed  that  Col.  Waters  comiiiand  had  not  heard  of  the  death  of  Col. 
Gilliam  : 

"  At  present,  we  are  not  in  a  very  pleasant  fix  for  fighting,  as  we  are  but  150 
in  number,  and  nearly  out  of  ammunition.  Col.  Gilliam  with  the  rest  of  the  men 
left  here  on  the  20th  ult.,  for  The  Dalles  for  supplies.  VVc  look  for  them  in  a  few 
days  and  hope  to  see  more  men  with  him.  We  look  for  the  Indians  to  come  on  us 
every  day.  They  say  they  will  give  us  one  more  fight  and  drive  us  from  the  coun- 
try. Wc  expect  they  will  number  1,200.  TheCayuses,  Nez  Perces,  Walla  Wallas, 
Spokaues  and  Palouses,  will  join  and  fight  us,  and  you  may  expect  a  call  for  more 
men  in  a  short  time.  We  are  preparing  for  an  attack.  We  arc  killing  beef  atid 
drying  it  to-day.  I  think  we  can  defend  this  post — we  shall  do  so  or  die  in  the 
attempt.  We  cannot  complain  of  our  living  so  far;  we  have  plenty  of  beef  and 
bread,  nearly  all  the  time.  We  have  found  several  caches  of  wheat,  peas,  and  po- 
tatoes. We  have  about  thirty  bushels  of  wheat  on  hand,  and  the  mill  fitted  up  for 
grinding.  I  wish  you  would  see  to  my  claim  on  Clear  Creek,  for  I  expect  to  return 
when  this  war  is  over  and  occupy  it  with  some  man's  girl  as  a  companion." 

Meetings  were  held  at  several  places  in  the  Willamette  valley  by 
the  ladies,  as  the  result  of  Captain  Maxon's  appeal.     We  ptiblish  two; 
one  held  at  Oregon  City,  and  the  other  wc  think  near  Salem.     They 
speak  for  themselves. 

"  At  a  meeting  of  the  ladies  of  Oregon  City  and  vicinity,  at  the  Methodist 
church  on  the  12th  inst.,  pursuant  to  previous  notice,  to  consult  upon  the  best 
means  to  aid  in  relieving  the  necejisities  of  the  soldiers.  The  meeting  was  called 
to  order  by  Mrs.  Hood,  when  Mrs.  Thornton  was  called  to  the  chair,  and  Mrs. 
Thurston  appointed  secretary.  Mrs,  Thornton  briefly  stated  the  object  of  the  meet- 
ing, when  on  motion,  it  v/as  resolved  to  form  a  society,  the  object  of  which  should 
be  to  aid  and  assist  in  supporting  the  war.  On  motion,  the  meeting  proceeded  to 
elect  officers,  which  resulted  in  the  election  of  Mrs.  Thornton,  president ;  Mrs. 
Robb,  vice  president ;  Mrs.  Leslie,  treasurer;  and  Mrs.  Thurston,  secretary.  On 
motion,  it  was  voted  to  appoint  a  committee  of  three,  whose  duty  it  should  be  to 
assist  the  society  in  raising  funds,  &c.  The  president  appointed  Mrs.  Hood,  Mrs- 
Crawford,  and  Mrs.  Hirford,  said  committee.  Mrs.  Robb  then  introduced  the  fol- 
lowing address  as  expressive  of  the  sense  of  the  meeting,  to  be  forwarded  to  the 
army  with  the  clothing  raised  by  the  ladies,  which  on  being  read,  was  unanimously 
adopted  : 

iThis  rumor  proved  to  be  untrue  as  were  many  other  Indian  reports. 


402 


brown's  poIvITical  history. 


1847 


r 


Oregon  City,  April  12,  1848. 

The  volunteers  of  the  "  First  Regiment  of  Oregon  Riflemen,"  will  please  ac- 
cept from  the  ladies  of  Oregon  City  and  vicinity,  the  articles  herewith  forwarded  to 
them.  The  intelligence  which  convinces  us  of  your  many  hardships,  excessive 
fatigues  and  your  chivalrous  bearing,  also  satisfies  us  of  your  many  wants.  These 
articles  are  not  tendered  for  your  acceptance,  as  a  compensation  for  your  services 
rendered,  or  to  be  rendered.  We  know  that  a  soldier's  heart  would  spurn  with  con- 
tempt any  boon  tendered  by  us  with  such  an  object.  Accept  them  as  a  brother  does 
and  may  accept  a  sister's  tribute  of  remembrance.  As  a  token,  an  evidence  that  our 
best  wishes  have  gone  to,  and  will  remain  with  you  in  your  privations,  your  marches 
your  battles,  and  your  victories.  Your  fathers  and  ours,  as  soldiers  have  endured 
privations  and  sufferings,  and  poured  out  their  blood  as  water,  to  establish  undis- 
turbed freedom  east  of  the  Rocky  mountains.  Your  and  our  mothers  evinced  the 
purity  of  their  love  of  country,  upon  those  occasions,  by  efforts  to  mitigate  the  hor- 
rors of  war,  in  making  and  providing  clothing  for  the  soldiers.  Accept  this  trifling 
present  as  an  endorsement  of  our  approval  of  the  justice  of  the  cause  in  which  you 
have  volunteered, and  of  your  bearing  in  the  service  of  our  common  country, as  man- 
ly, brave,  and  patriotic.  The  war  which  you  have  generously  volunteered  to  wage, 
was  challenged  by  acts  the  most  ungrateful,  bloody,  barbarous,  and  brutal.  Perhaps, 
the  kindness  which  the  natives  have  received,  at  the  hands  of  American  citizens 
on  their  way  hither,  has,  to  some  extent,  induced  a  belief  on  the  part  of  the  natives 
that  all  the  Americans  are  "  women,"  and  dare  not  resent  any  outrage,  however 
shameful,  bloody  or  wicked.  Your  unflinching  bravery  has  struck  this  foolish 
error  from  the  minds  of  your  enemies,  and  impressed  them  with  terror,  and  it  is 
for  you  and  a  brotherhood  who  will  join  you  to  follow  up  the  victories  so  gloriously 
commenced,  until  a  succession  of  victories  shall  compel  an  honorable  peace,  and 
ensure  respect  for  the  American  arms  and  name. 

We  have  not  forgotten  that  the  soul-sickening  massacre  and  enormities  at 
Wiiiilatpu  were  committed  in  part  upon  our  sex.  We  know  that  your  hardships 
and  privations  are  great.  But  may  we  not  hope,  that  through  you  these  wrongs 
shall  not  only  be  amply  avenged,  but  also  that  you  ir  jcribe  upon  the  hearts  of  our 
savage  enemies,  a  conviction  never  to  be  era.sed,  that  the  virtue  and  lives  of  Amer- 
ican women  will  be  protected,  defended  and  avenged  b}-  American  men.  The 
cause  which  you  have  espoused  is  a  holy  cause.  We  believe  that  the  god  of  Ijat- 
tles  will  so  direct  the  destinies  of  this  infant  settlement,  that  she  will  come  out  of 
this  contest  clothed  in  honor,  and  her  brave  volunteers  covered  with  glorj'.  The 
widows  and  orphans,  made  so  by  the  massacre  which  called  you  to  the  field,  unite 
with  us  in  the  bestowment  of  praise  for  the  valuable  services  already  rendered  by 
you;  and  He  who  has  already  proclaimed  himself  the  widow's  God,  Judge  and 
Husband,  and  a  Father  to  the  fatherless,  will  smile  upon  and  aid  your  exertions. 
Fight  on  then,  fight  as  you  have  fought,  and  a  glorious  victory  awaits  you. 

On  motion,  a  vote  of  thanks  was  tendered  Mrs.  Hood  for  her  unwearied  exer- 
tions in  behalf  of  the  suffering  soldiers. 

Mrs.  E.  T.  Thurston,  MRS.  N.  M.  THORNTON, 

Secretary.  Ptesident. 

Wii<i,AMETTE  Valley,  Oregon  Territory. 
'  Response  by   Young  Ladies,  to  the  call  of  Capt.   Maxon,  for  the   Young  Men 

in  the  Army. 
We  have  read  with  much  interest  the  late  report  from  the  army,     "d  feel  our- 
selves under  obligation  to  reply  to  the  appeal  made  to  us  in  that  report.     We  are 


1847 

I  12,   1848. 

II  please  ac- 
forwardcd  to 
IS,  excessive 
lilts.  These 
•our  services 
irn  with  coii- 
brother  does 
nice  that  our 
ourniarches 
ave  endured 
iblish  undis- 

eviuced  the 
L^ale  the  hor- 
t  this  trifling 
in  which  you 
intry,asnian- 
;red  to  wage, 
al.  Perhaps, 
•icaii  citizens 
:)f  the  natives 
Lge,  however 

this  foolish 
ror,  and  it  is 
so  gloriously 
e  peace,  and 

normities  at 
lur  hardships 
these  wrongs 
hearts  of  our 
ves  of  Ainer- 
1  men.  The 
i  god  of  bat- 
1  come  out  of 

glory-     The 
le  field,  unite 

rendered  by 
d.  Judge  and 
>ur  exertions. 
:s  you. 
wearied  exer- 

RNTON, 
Picsident. 


Young  Men 

1 1  feel  our- 
)ort.     We  are 


1847 


PROVLSIONAI,   GOVERNMENT. 


403 


asked  to  "evince  our  influence  for  our  country's  good,  by  withholding  our  hands 
from  any  young  man,  who  refuses  to  turn  out  in  defense  of  our  honor  and  our 
country's  rights."  In  reply,  we  hereby,  one  and  all,  of  our  own  free  will,  solemnly 
pledge  ourselves  to  comply  with  that  request,  and  to  evince,  on  all  suitable  occa- 
sions, our  detestation  and  contempt  for  any  and  all  young  men  who  can  but  zuill 
not  take  up  arms  and  march  at  once  to  the  seat  of  war,  to  punish  the  Indians  who 
have  not  only  murdered  our  friends,  but  have  grossly  insulted  our  sex.  We  never 
can,  and  never  will  bestow  our  confidence  upon  a  nnm  who  has  neither  patriotism, 
nor  courage  enough  to  defend  his  country  and  the  girls,  such  a  one  would  never 
have  a  sufficient  .sense  of  obligation  to  defend  and  protect  his  wiKK.  Do  not  be 
uneasy  about  your  claims,  and  your  rights  in  the  valley.  While  you  are  defend- 
ing the  rights  of  your  country,  .she  is  watching  yours.  You  must  not  be  discour- 
aged, fight  on — be  brave — obey  your  officers,  and  never  (luit  your  posts  'till  the 
enemy  is  conquered,  and  when  you  return  in  triumph  to  the  valley,  you  shall  find 
us  as  ready  to  rejoice  with  you,  as  we  now  are  to  .sympathize  with  you  in  your 
sufferings  and  dangers. 

(Signe<l  by  fifteen  young  ladies.) 

When  the  above  proceedings  of  the  meeting  held  at  Oregon  Citj', 
and  the  addres.s  of  the  young  ladies  were  received  at  Fort  Waters,  a 
meeting  was  held  and  complimentary  resolutions  were  passed,  but  the 
want  of  space  compels  me  to  forego  publishing  them. 


The  following  (  without  date  )  by  Capt.  Maxon,  explains  itself: 

Gen.  A.  A.  Lovejoy  : 

Sir.  The  following  was  written  for  the  express,  but  in  the  hurry  and  bustle 
of  business  was  omitted  to  be  forwarded.  To  call  the  men  (158)  who  fought  in  the 
Tucanon  and  Touchie  rivers  brave  were  but  common  praise.  Officers  a  ul  privates 
fought  with  unequaled  bravery  and  skill.  Captains  Hall,  Owens  and  fhompson, 
behaved  with  all  that  deliberate  judgment  and  determined  bravery,  that  was 
requisite  to  so  hard  fought,  and  long  contested  a  battle.  The  incomparable  ser- 
vices of  Sergeant-Major  Rurch,  Quartermaster  Goodhue,  Judge  Advocate,  Rinear- 
son  ;  Quartermaster-Sergeant,  Cook,  and  Paymaster,  Magone,  cannot  be  passed 
unnoticed,  and  deserve  their  country's  praises,  Captains  English  and  McKay 
were  not  in  the  engagement.  The  latter  being  sick,  the  former  returning  from 
the  Touchie  with  the  wagons  and  stock. 

H.  J.  G.  MAXON, 


While  the  barque  Anita  was  lying  in  the  Columbia  river  near  the 

mouth  of  the  Willamette,  Gov.  Abernethy  sent  Gen.  Palmer  with  the 

following  letter  : 

Oregon  City,  April  n,  1S48. 
Dear  Sir.  Gen.  Palmer  intends  leaving  this  morning  for  the  Anita  to  pur- 
chase a  few  blankets.  We  have  but  little  monej-.  We  need  clothing  and  blankets 
very  much.  The  men  in  the  field  are  very  destitute.  I  am  certain  you  will  let 
him  have  them  as  low  as  \-ou  can.  If  you  could  by  any  possible  way  give  a  small 
portion  of  the  U.  S.  property  under  j'our  care  to  this  Territory  in  the  present  dis- 
tressed case,  it  would  be  gratefully  received.  Mr.  McKinley  said  to  a  gentleman 
ye.sterday  :  "  You  ask  for  clothing  from  us;  here  is  one  of  j-our  own  vessels  with 
just  the  things  you  want ;  why  don't  they  help  you  ?"     You  mentioned  in  conver- 


404 


brown's  political,  history. 


1847 


sation,  that  perhaps  you  might  be  sent  up  to  muster  our  troops  into  the  U.  S. 
service  to  serve  in  Oregon.  If  this  can  be  done,  use  your  influence  with  Gov. 
Mason  to  effect  it.  If  we  should  be  able  to  withdraw  the  most  of  them,  we  must 
still  garrison  the  posts,  and  protect  the  emigration  as  far  as  possible. 

I  am  yours,  &c.  GEO.   ABERNETHY, 

Mai.  J.  A.  Hardik,  Gov.  of  (hrgon. 

U.  S.   Army. 

It  may  seem  strange  to  some  that  Maj.  Hardie  could  not  i>sue  to 

the  needy  American  citizens  the  camp  and  garrison  equipage  that  the 

volunteers  so  much  needed,  but  the  red  tape  system  entirely  prohibited 

him  as  the  following  will  show  . 

Bar(^ue  Anita,  April  12,  184S. 

Dkar  Sir.  I  have  received  by  Gen.  Palmer  your  favor  of  the  i  ith  inst.,  and 
take  advantage  of  Gen.  Palmer's  return  to  Oregon  City,  to  send  you  a  line  in  an- 
swer. I  have  no  clothing  of  any  kind  on  board  the  vessel  ;  and  what  campeciuip- 
age  I  have  on  board,  belongs  to  the  United  States  Quartermaster  Department,  and 
cannot  be  ^o/rf.  I  could  not  find  niyself  authorized  to  issue  camp  and  garrison 
equipage  to  the  Territory,  though  I  should  be  glad  to  afford  any  assistance  to  the 
war  in  my  power.  Had  I  powder  and  lead  or  other  ordinance  stores,  and  the 
danger  to  the  Territory  was  imminent  without  such  stores  for  immediate  use,  I 
should  not  hesitate  to  take  the  responsibility  of  issuing  them  upon  your  requisi- 
tion. I  brought  with  me  for  the  use  of  the  men  to  be  enlisted,  245  pairs  blankets 
to  be  delivered  to  them  at  government  prices.  They  were  put  on  board  the  barque 
at  the  sole  risk  and  responsibility  of  Mr.  Edward  Cunningham,  a  supercargo  and 
merchant  on  the  coast  of  California,  but  at  my  request,  it  being  my  impression 
that  blankets  were  very  high  in  Oregon  and  that  if  a  volunteer  (  receiving  an  ad- 
vance of  $21  to  equip  himself,)  could  purchase  blankets  at  government  prices  in- 
stead of  the  high  rates  of  the  country,  it  would  be  of  great  assistance  to  him, 
and  he  would  come  into  the  service  better  equipped  than  under  other  circumstan- 
ces. Getting  no  volunteers,  I  have  sold  for  Mr.  Cuiniingham  ( to  people  who 
would  come  on  Vjoard  to  purchase  )  a  few  pairs  at  the  same  price  as  for  volunteers. 
I  imagine  this  is  the  cause  of  the  impression  which  appears  to  exist  abroad,  that 
government  is  selling  or  disposing  of  its  stores,  clothing,  etc. 

Did  these  blankets  belong  to  government,  I  should  be  risking  my  commission 
did  I  sell  a  blanket,  except  it  be  under  instructions  to  that  effect.  Gen.  Palmer 
can  explain  the  circumstances  to  you  fully.  I  have  sold  to  him  a  few  pairs  of 
blankets  at  lower  prices  than  the  invoice  which  IVIr.  Cunningham  gave  me  war- 
rants, and  would  gladly  do  more  to  forward  the  interests  of  the  Territory  were  I 
at  liberty.  I  shall  proceed  immediately  to  Monterey  to  represent  to  Col.  Mason 
the  state  of  affairs  in  Oregon,  and  feel  confident  that  he  will  be  disposed  to  send 
ammunition  and  arms  for  the  prosecution  of  your  war.  I  need  not  say,  that  I 
will  ask  him  to  send  any  assistance  either  in  supplies,  etc.,  or  in  officers  and  men, 
that  can  be  spared  in  California,  or  that  he  may  feel  authorized  to  send,  or  that 
he  may  have  what  immediate  relief  the  U.  S.  Government  can  furnish  on  this  side 
of  the  continent.  Men  cannot,  I  suppose  be  expected  by  you  in  the  recent  state 
of  the  war  in  Mexico  or  California.  Supplies  can  I  think  be  spared. 
I  am  with  great  respect, 


To  Gov.  Abernethy. 


'!  ;(■ 


1 847 

the  U.  S. 
with  Gov. 
,  we  tmist 

Oregon. 

:  issue  to 

that  the 

-ohibited 

12,   1848. 

linst.,  and 
line  in  sin- 
impe(iuip- 
;nient,  and 
id  garrison 
mce  to  tlie 
;s,  and  the 
liate  usu,  I 
lur  requisi- 
rs  blankets 
the  barque 
rcargo  an<l 
impression 
ing  an  ad- 
t  prices  in- 
ice  to  him, 
'ircumstan- 
jeople  who 
volunteers, 
broad, that 

ommission 

en.  rainier 

ew  pairs  of 

ve  me  war- 

ory  were  I 

Zoi.   Mason 

ed  to  send 

say,  that  I 

sand  men, 

nd,  or  that 

on  this  side 

rceent  state 


1847 


PROVISIONAL   GOVKRNMHNT. 


405 


Col.  Lee  wrote  the  subjoined  to  Gov.  Abeniethy  on  the  eve  of  liis 
departure  for  Fort  Waters  : 

Portland,  Orkoon,  April  17,   1848. 
Gov.   .Ibernethy. 

I  thank  you  for  your  kindness  of  the  favor  just  received,  and  the  sentiments 
of  kindness  and  friendship  expressed.  I  should  have  been  pleased  to  have  seen 
you  again,  but  we  are  getting  on  very  well.  Our  recruits  will  not  exceed  25(j. 
Perhaps  twenty-five  of  that  number  will  want  horses  at  The  Dalles.  Will  you 
order  them  mounted  ?  Three  companies  have  been  organized,  the  captains  are  as 
follows  :  1st,  William  P.  Pugh,  Champoegand  I.iini  counties  ;  2d,  J.  W.  Nesmith, 
Benton,  Polk,  and  Clackamas  counties;  Win.  P.  Martin,  Yamhill  and  Tuality 
counties.  None  of  the.se  companies  consist  of  more  than  seventy  men  yet,  though 
it  is  said  that  some  men  have  gone  up  by  water  without  enrolling  here.  You  will 
receive  full  returns  by  Gen.  Lovejoy.  I  merely  write  this  for  your  own  satisfac- 
tion. I  have  written  for  Glenn  Burnett  to  join  us  and  serve  as  chaplain.  He  will 
probably  come  to  the  city,  and  expect  to  reach  me  by  water  from  that  place. 
Please  assist  him  if  you  can,  and  be  assured,  I  shall  do  all  I  can  to  terminate  the 
war  honorably  and  speedily.     Yours  in  haste.  H.   A.  G.  LP)E, 

Col.  ist.   Reg.  Ogn.  Riflemen. 

Capt.  L.  N.  English  after  his  return  from  east  of  the  mountains  did 
not  lose  his  intere.st  in  military  affairs,  but  proceeded  to  organize  com- 
panies in  Champoeg,  now  (Marion  county),  and  when  four  were  en- 
listed, he  was  elected  Colonel  of  the  battalion.  He  had  seen  service  in 
the  Black  Hawk  war  before  he  came  to  this  country.  The  following 
is  his  letter  to  the  Governor  on  the  situation  : 

Champoeg,  April  24,  1848. 
Governor  Abertiethy  : 

I  have  heard  that  you  have  some  idea  of  ordering  some  men  to  nnge  in  the 
upper  country  ;  that  is  to  say,  in  the  Umpqua  and  through  that  con  :  r\  I  think 
it  would  be  a  good  idea,  as  I  have  b  ard  that  Mr.  Simmons  has  been  told  that  he 
must  leave  or  he  would  be  killed,  and  that  they  had  dnven  off  his  stock,  and  that 
other  farmers  had  left  their  farms.  There  were  three  Molallas  stopped  at  my 
house  last  night,  and  they  said  that  the  Klamaths  had  gone  to  see  some  great 
chief  to  get  him  to  help  fight  the  Bostons,  and  if  he  woidd  help,  they  would  come 
in  at  the  head  of  the  valley,  and  commence  on  the  frontier.  If  you  want  any  men, 
please  let  me  know,  as  there  are  four  companies  organized  in  this  county,  and  for 
want  of  a  better  man,  have  elected  me  colonel.  It  is  the  opinion  of  a  majority  of 
the  citizens,  that  we  had  better  keep  a  good  look  out  and  range  the  upper  country. 
It  is  my  opinion  that  you  had  better  order  out  fifty  men  to  range  the  upper  coun- 
try, and  find  themselves.  vSay  fifty  men  on  this  side  (  east ),  and  the  same  above 
the  Santiam  ;  and  twenty-five  on  the  other  .side  (  west,)  of  the  Willamette,  and  in  a 
short  time,  we  could  discover  their  movements.  Please  let  me  know  if  this  meets 
your  approval — how  many  men — and  how  long  you  would  want  them  to  stay  out. 
I  do  not  wish  to  do  anything  without  your  approval.     Yours  truly, 

L.    N.  ENGLISH. 

Col.  Lee  when  he  arrived  at  Fort  Wascopam,  wrote  the  following 


i! 


4o6 


bkown's  politicai,  history. 


IS47 


in  which  he  indicated  the  action  he  afterwards  carried  out  in  regard  to 
resigning  his  commission  as  colonel  in  favor  of  Lt.  Col.  Waters. 

FoKT  V\  ASCoi'AM,   May  3,   1S4H. 
Go2\  Abernethy : 

Dkar  Sir.  Capt.  McKay  i?  onlcred  to  report  liiinst-lf  and  company  to  the 
Adjutant  General  at  his  olfice  it  Orci^on  City.  This  course  has  been  taken  in 
order  to  save  theni  from  the  evil  cor..»e(juet'i.'es  to  the  service  under  a  furlough.  It 
is  understood  that  C'lpt.  McKay  is  wiUiiij^  to  return  with  the  cattle  that  the  Com- 
missary intends  sending  up,  should  they  wish  his  company  for  that  service.  Should 
they  wish  to  cpiit  the  service,  a  <lischarge  by  ])roclaniation  would  be  better  than 
a  furlough.     Of  this  however,  you  are  the  judge,  as  they  await  your  orders. 

We  leave  in  a  few  days  for  Fort  Waters.  1  have  learned  nothing  special,  save 
that  the  friendly  Indians  were  living  near  the  forts.  One  of  Capt.  Maxon's  men 
was  severely  hurc  by  a  fall  from  a  horse.  I  must  refer  you  to  Gen.  Ivovejoy  for 
information  as  to  our  camp,  etc.  I  will  only  say  that  I  am  doing  the  best  I  can 
under  the  circumstances,  and  will  continue  to  do  so  until  I  reach  Col,  Waters, 
when  I  will,  as  I  have  all  the  time  intended,  lay  my  commission  at  his  feet  and 
beg  to  be  excused  from  further  supreme  io>ntnand.  I  hope  you  will  avail  yourself 
of  every  opportunity  to  communicate  any  information  of  interest.  Luxillo  in- 
forms me  an  Indian  named  TuUahiouit  took  a  white  horse  from  The  Dalles,  h., 
thinks  it  belonged  to  some  American.     Yours  trulv,  H.   A.  G.  LEE. 

Col.  /St.  R.  O.  A\ 

Rev.  Wm.  Roberts  furnishes  the  following  to  the  Spectator  en 
his  return  to  Oregon  City,  from  a  trip  up  the  Willamette  valley  : 

May  4,  184S, 
I  have  just  returned  from  an  excursion  up  the  valley.  When  a  few  miles  this 
side  of  Mary's  river  on  Monday  last,  we  were  overtaken  by  a  party  of  ei^ht  men, 
under  the  direction  of  Mr,  John  Saxton,  just  arrived  from  California.  They  were 
fifteen  days  from  the  last  settlement  on  the  Siirramento,  to  the  first  in  this  valley, 
traveling  the  old  California  trail.  There  was  no  snow  on  the  route.  They  started 
with  about  100  horses,  and  were  unfortunate  enough  to  have  sixty-five  taken  from 
them  in  open  daylight  by  the  Rogue  River  and  Klamath  Indians,  assisted  as  the 
company  think,  by  some  Molallas  from  this  valley.  The  Indians  were  very  trouble- 
some, firing  on  them  for  one  entire  day,  and  using  every  possible  stratagem  to 
intercept,  and  cut  them  off  at  each  of  the  narrow  passes  along  the  road.  None  of 
the  men  were  injured  except  Mr.  Girtman,  who  was  shot  in  the  thigh  by  the  ac- 
cidental discharge  of  his  own  gun  at  the  crossing  of  Rogue  River.  With  some 
difficulty  he  was  brought  on  to  the  settlement  and  left  at  the  first  house.  It  is 
deeply  regretted  that  the  Indians  were  so  successful  in  getting  the  horses  ;  they 
also  captured  two  fine  jacks,  and  the  impression  of  the  company,  that  s6me  of  the 
Molallas  were  assisting,  looks  rather  ominous. 

Fort  Waters,  May  14,  1848. 
Gov.  Abernct/iy  : 

Dear  Sir.  The  recruits  arrived  at  this  place  yesterday,  ten  days  from  Fort 
Wascopar.1,  all  in  good  health  and  spirits,  though  much  fatigued  and  a  little  thin 
from  living  on  bread  alone  most  of  the  way  up.  I  find  the  troops  here  in  general 
good  health,  save  one  or  two  cases.    Benj.  Ford,  private  in  Maxon's  company,  died 


1847 

regard  to 
irs. 

3.  1848. 

)any  to  the 
11  taken  in 
iirloitgh.  It 
[it  the  Corn- 
ice. Should 
better  than 
ilers. 

ipecial,  save 
ixon's  men 
Ivovejoy  for 
;  best  I  can 
^ol.  Waters, 
lis  feet  and 
•ail  yourself 
Luxillo  in- 
i  Dalles.  L., 

.  LEH. 
Ji.  O.  A\ 

:tator  en 

lley  : 

y  4,  1848. 

\v  miles  this 

cl^ht  men, 

They  were 

this  valley, 

rhcy  started 

taken  from 

sisted  as  the 

ery  trouble - 

tratagem  to 

d.     None  of 

h  by  the  ac- 

With  some 

house.     It  is 

lorses ;    they 

:  sdme  of  the 


.'  14,   1848. 

ys  from  Fort 
a  little  thin 
e  in  general 
mpany ,  died 


1847 


PROVISIONAL    GOVKRNMKNT. 


407 


!i: 


on  i2ih  insl.,  of  inflammation  of  the  bowels,  .said  to  have  been  brought  on  l)y  taking 
cold  while  laboring  under  !in  attack  of  tiieasles.  In  accordanci-  with  my  (l<"ter- 
minaticm  at  the  time  I  accepted  the  appointment  as  Colonel  of  the  regiment,  1  noti- 
fied \.i.  Col.  Waters  of  the  tender  of  my  resignation  as  such,  which  I  did  with  much 
pleasure.  The  more  so,  because  I  found  the  regiment  umler  his  iKfininislnition 
greatly  improved  in  every  way — indeed  quite  reformed.  He  has  shown  himself 
fii'iiy  competent  to  command  a  regiment  in  j^atfisoii  at  lea.st,  and  I  doubt  not  in 
the  field.  To  i)revent  a  rupture  in  the  regiment,  I  have  consented  to  serve  as  l.t. 
Col.,  and  am  hit^jpy  to  say  that  all  now  sccni  contented. 

I  find  some  Nez  Perces  here  anxiously  awaiting  my  arrival.  They  wish  me 
to  say  who  shall  take  the  place  of  blllis.  I  have  said  to  them  it  would  be  good  for 
them  to  choose  the  man,  but  setting  they  wished  me  to  speak  first,  I  named  Rich- 
ard to  take  Ellis's  place,  and  Meanway  to  be  war  chief,  but  told  them  they  must 
consider  on  it,  and  if  these  did  not  suit  them,  they  should  name  such  as  would, 
and  I  would  consider,  that  we  must  be  united  on  tin  ,ul)ject.  They  are  now  con- 
sidering the  matter,  and  I  will  speak  with  them  again  to-day.  Some  of  them  vol- 
unteered their  services  with  us  in  the  war,  which  we  will  certainly  accept,  as  it 
will  at  once  <lraw  a  line  between  them  and  the  Cayuses.  I  have  called  for  the 
Walla  Walla  chief  and  the  Cayuses,  they  have  come.  Yellow  vSer^xtnt  iirst.  I 
called  him  to  account  for  his  improper  talk  to  Mr.  McBean  and  others  during  my 
absence,  etc.  He  sweated  freely  under  my  lashing,  owned  a  part  and  denied  a 
part.  I  spoke  sternly  and  mentioned  all  I  had  heard  against  him  ;  and  when  I 
saw  that  he  felt  sore  and  perhaps  a  little  frightened,  I  treated  him  well,  but  still 
held  him  smarting  under  it.  At  my  reque.st  to  see  him,  Tootnay  (  Young  Chief,) 
came.  I  took  a  more  rigid  and  stern  course  with  him  than  I  had  done  with  the 
other.  He  acknowledged  my  talk  was  just,  and  expressed  great  .?//«;«<?  for  having 
taken  so  foolish  a  course.  I  told  him,  and  all  who  are  present,  that  we  were 
bound  to  hold  the  country  until  the  murderers:  were  punished  ;  the  stolen  property 
returned,  and  that  destroyed  paid  for.  Then  asked  them  what  they  were  going  to 
do  ?  Whether  they  would  try  to  settle  this  matter  and  let  us  go  home  to  our  busi- 
ness and  leave  them  to  theirs.  Or,  would  th  .-y  hold  ofT,  as  they  had  done,  and  leave 
us  here  to  hold  their  country  with  our  guns,  always  ready  to  fall  upon  them  ?  Re- 
quested them  to  consider  it  well,  and  let  me  know  what  they  would  do  as  I  had 
told  them  what  we  were  going  to  do.  They  are  now  sweating  under  it.  I  also 
showed  them  the  bill  of  articles  at  this  place  and  those  taken  from  emigrants 
along  the  river,  as  also  at  Barlow's  gate,  and  told  them  we  would  forget  nothing. 
Walluptuleekt  is  a  prisoner  at  this  place.  I  sent  for  and  have  just  received  a  bill 
of  articles  delivered  by  him  to  McBean,  but  have  not  time  now  to  copy  it.  I  will 
have  a  settlement  with  him  before  we  will  let  him  out. 

An  express  arrived  last  night  from  the  Spokane  country,  consisting  of  one 
white  man,  Mr.  Montgomery,  one  Coeur  d'Alene  chief,  eight  Spokanes  (  chiefs  and 
principal  men  )  and  a  Palouse  chief;  eleven  in  all,  bearing  a  letter  from  Rev. 
dishing  Eells.  All  well.  The  Indians  are  ready  to  assist  us.  Telinquoite  isin  the 
Palouse  Country,  but  the  chief  wishes  to  get  rid  of  him.  I  beg  to  refer  you  to  the 
news  communicated  by  others,  as  I  am  too  hurried  to  write  more  at  present. 
With  great  respect,  H.  A.  G.   LEE, 

Supl.  I.  A.  of  O.    T. 

Fort  Waiilatpu,  May  14,  184S. 
Gov.  Abcrnethy : 

Sir.     Among   the  public  documents  and  papers  recently  committed  to  my 
care,  I  find  a  commission  to  myself  as  Adjutant  of  the  ist  Regiment  of  Oregon 


p| 


¥\ 


I     1 


iiii 


408 


brown's  politicai,  history. 


1847 


Riflemen.  Col.  Waters  having  accepted  the  chief  command,  I  have  no  further 
use  for  tlie  document;  it  being  his  right  and  duty  to  appoint  his  own  Adjutant. 
The  commission  is  hereby  transmitted.       . 


P.  S. — Our  enemy  is  where  we  left  them.  We  have  450  men  here  now,  and  I 
suppose  will  set  out  immediately  in  .  pursuit.  Walluptuleekt  and  some  other 
rogues  are  prisoners  here.  Two  Spokanes  came  in  last  night;  say  they  know 
where  several  of  the  murderers  are  and  will  help  to  get  them.  Ellis  is  dead  and 
the  Nez  Perces  want  to  join  us.  I  think  with  proper  cure  and  management,  the 
war  can  be  speedily  closed.  The  men  wish  very  much  to  get  home  by  harvest, 
and  I  would  like  very  much  myself  to  lean  back  under  the  cool  shade  in  the  val- 
ley on  the  4th  of  July  and  talk  about  American  Independence.  C.   W.  C. 

The  following  letter  from  Col.  Waters  will  explain  itself: 

Fort  W.\TERS,  May  14,  1848. 
Gov.  Abernethy : 

vSiR.  Col.  Lee  arrived  at  this  post  on  the  9th  inst. ,  having  come  in  advance 
of  the  main  party  from  John  Day's  river  for  the  purpose  of  holding  a  council  with 
the  Nez  Perces  wlio  had  been  waiting  his  arrival  for  some  days,  and  had  finally 
concluded  with  my  consent  to  send  an  express  afterhim,  to  reach  thisplace  three 
days  in  advance  of  the  main  body.  I  had  supposed  that  he  would  assume  the 
command  of  the  army  as  a  natural  consequence  from  what  liad  transpired  in  the 
lower  country  and  e.xpressed  myself  accordingly  to  that  officer.  He  recjuested  me 
to  remain  in  my  present  situation  until  the  party  arrived  ;  I  consented.  They 
reached  here  on  the  13th  inst.,  and  to  my  surprise  he  submitted  to  my  perusal 
the  tender  of  his  resignation  as  Colonel  of  the  regiment,  reqviesting  me  to 
forward  the  same  to  you  at  the  earliest  opportunity.  His  reasons  were 
frankly  stated,  and  after  pledging  me  his  sincere  friendship  and  assistance  in 
any  and  every  form  that  might  be  con(iucive  to  our  country's  good,  I  con- 
sented to  act  in  the  capacity  of  Colonel.  The  officers  were  unanimous  in  favor  of 
Col.  Lee  acting  as  Lt.  Col.  of  the  regiment,  and  he  most  cheerfully  consented  to 
serve  them.  The  regiment  was  called  together,  when  Maj.  Magone  stated  the  pe- 
culiar circumstances  under  which  Col.  Lee  accepted  the  appointment  and  called 
for  an  expression  as  to  whom  should  fill  the  office  of  Lieutenant  Colonel,  when 
the  regiment  answered  with  one  voice  Col.  Lee.  This  movement  was  highly 
gratifying  to  my  feelings,  and  with  such  assistance,  I  expect  to  accomplish  much 
for  my  country's  good. 

Some  of  the  Nez  Perces  have  already  proffered  us  their  assistance  to  bring 
the  murderers  to  justice,  and  we  are  also  credibly  informed  that  a  portion  of  the 
Spokanes  will  lend  their  aid.  Teloquoit  and  party  are  said  to  remain  in  the  vicin- 
ity of  the  Palouse  river,  and  if  it  proves  true,  there  can  be  but  little  doubt  of  our 
success  in  capturing  them.  The  friendship  of  the  Indians  increases  with  our  num- 
bers. Yet  I  feel  no  hesitation  in  giving  it  as  my  opinion,  that  we  have  a  suffi- 
cient force  to  accomplish  everything  that  might  be  reasonablv  expected  at  our  hands 
and  rest  assured  that  no  time  shall  be  lost  in  efi"ecting  the  one  great  object  of  our 
mission. 


IT 


1847 

e  no  further 
■n  Adjutant. 


:  now,  and  I 
some  other 
T  they  know 
is  dead  and 
jement,  the 
by  harvest, 
e  in  the  val- 
C.   W.  C. 


14,  1848. 

:  in  advance 
:ouncil  with 

Jiad  finally 
;  place  three 

assume  the 
pired  in  the 
^ijuested  me 
ited.     They 

my  perusal 
ting  me  to 
asons  were 
.ssistance  in 
3od,  I  con- 
5  in  favor  of 
onsented  to 
atedtlie  pe- 

and  called 
onel,  when 
was  highly 
plish  much 

ice  to  bring 
rtion  of  the 
in  the  vicin- 
3ubt  of  our 
'h  our  num- 
lave  a  surti- 
it  our  hands 
l)ject  of  our 


1847 


PROVISIONAI,   GOVERNMENT. 


409 


The  health  of  the  army  is  generally  good.  We  are  making  all  due  prepara- 
tions to  move  to  the  scene  of  action.  The  boys  are  in  iine  spirits  and  eager  for 
the  march. 


The  following  letters  written  by  Mr.  Craig,  and  Mr.  Taylor,  will 
prove  of  interest.  Mr.  Craig  had  lived  for  some  years  among  the  Nez 
Perces  and  had  great  influence  among  them. 


Fort  \Val,i.a  Wai.la,  May  16,  1848. 
Dear  Sir.  The  Little  Chief  of  the  Nez  Perces,  has  come  from  the  mountains 
and  joined  the  army  with  five  other  Nez  Perces,  and  we  are  preparing  to  march 
after  the  Caj'uses.  Old  Lookingglass  says  that  a  great  many  more  of  the  Nez 
Perces  will  join  the  army.  They  all  appear  anxious  that  the  murderers  rhould  be 
taken.  Col  Waters  will  take  a  part  of  the  army,  and  I^t.  Col.  Lee  the  other  part, 
and  proceed  after  Telokite.         Yours,  &c.  WM.  CRAIG. 


ForT  Wai,i.a  Waij^a,  May  29,   1848. 
Geu.  A.  L.  Lovejoy : 

Dear  Sir.  I  have  just  time  to  drop  you  a  line  by  Father  Goset.  I  arrived 
here  as  he  was  on  his  horse,  leaving  for  the  valley.  The  army  of  400  men  are  yet 
out  in  the  Nez  Perces  country,  gathei-ing  up  the  stock  of  the  murderers,  who  have 
all  fled  leaving  their  country  and  stock,  so  says  Indi:  1  report.  A  part  of  the  army 
is  following  on  after  the  murderers  in  hopes  of  overtaking  them.  The  murderers 
have  fled  towards  P'ort  Uoise,  or  Fort  Hall,  but  th'  _,•  have  left  their  stock  and  fam- 
ilies, there  is  no  hope  of  overtaking  them.  Yo.mg  Chief  says  that  his  brother 
Five  Crows,  is  going  to  give  himself  up,  and  be  tried  by  our  laws  in  the  valley. 
Five  Crows  has  got  well  and  is  about  the  Grande  Ronde.  Tarn  Suckie  is  near  Fort 
Boise  where  some  of  the  other  murderers  have  made  for.  We  look  every  day  now 
for  a  part  of  the  army  in  at  the  fort,  with  the  stock  taken,  and  feel  in  hopes  that  a 
majority  of  the  men  can  leave  in  time  to  get  home  and  attend  to  the  harvest. 
Nothing  but  the  iiumlier  of  men  that  came  up  here  quelled  the  Indians  into  sub- 
mission, as  they  heretofore  have  had  no  idea  of  the  force  and  resolution  of  the 
Americans.  And  it  is  believed,  it  will  have  a  great  influence  over  all  the  tribes  up 
here,  as  all  are  suing  for  peace.     Yours  truly.  J.    TAYLOR. 

N.  B.     All  the  above  are  Indian  reports. 


Immediately  on  receipt  of  Col.  Lee's  letter  of  resignation  as  Colonel 
and  his  election  as  Lieut.  Colonel  to  maintain  harmony,  the  Governor 
forwarded  to  him  his  commission  accompanied  by  the  following  letter. 


I-    -•. 


:;M|.: 


4IO 


brown's  political  history, 


1847 


i'  i' 


Orrgon  City,  June  5,  1S4S. 

Sir.  I  received  yours  of  13th  and  14th  of  May  ;  the  former  tendering  your  res 
ignation  of  the  office  of  Colonel  of  the  First  Regiment  of  Oregon  Riflemen,  which 
has  been  accepted,  and  your  commission  as  Lieut.  Colonel  will  be  forwarded  by 
the  .Vdjt.  Gen.  I  have  written  to  Col.  Wat^-.^  to  hold  a  council  with  you,  and  de- 
cide upon  the  number  of  men  that  he  requires  in  the  upper  country.  I  presume 
from  your  letters  which  are  highly  satisfactory,  Lhat  before  this  reaches  you,  all 
that  can  be  done  by  the  troops  will  have  been  accomplished. 

Captain'  Felix  Scott  goes  with  one  company  to  meet  the  emigrants  on  the 
southern  route.  Should  you  go  out  to  meet  them  on  the  northern  route,  I  think 
it  advisable  to  go  with  a  small  party  and  as  far  as  the  Narrows  in  advance  of  the 
main  party,  and  if  Tam  Sukey  is  there  secure  him,  and  while  the  main  body  of  the 
army  is  at  Fort  Waters,  make  your  treaties  with  the  Indians,  and  get  the  chiefs  to 
promise  to  use  all  their  influence  to  protect  Americans  traveling  through  their 
country.  Mr.  Spalding  has  applied  to  me  for  permission  to  return  to  The  Dalles. 
I  have  told  him  I  could  not  give  my  perm:  sion  until  this  matter  was  fully  settled. 
I  understand  the  Catholics  have  gone  up  as  far  as  The  Dalles.  I  dc  not  know  as 
I  can  give  you  any  atlvice  as  what  is  best  to  be  done,  and  the  best  way  is  to  leave 
it  to  your  judgment.  I  think  everything  is  going  on  well.  A  report  has  reached' 
us  that  the  Hen.y  is  in  the  river,  I  did  riOt  credit  it,  but  find  that  she  is  in.  To-day 
the  election  for  representatives  to  the  Legislature  is  held.     I  send  you  the  papers. 

Yours  with  respect,  GEO.   ABERNETHY, 

Lt.  Col.  H.  A.  G.  Lek,  Gov.  of  Oregon. 

Supt.  I.  A.  of  Oregon. 

Mr.  C.  E.  Pickett,  at  this  time  living  in  California,  who  formerly  lived 
in  Oregon,  wa.s  written  to  by  Gov.  Abernethy,  to  use  his  influence  with 
the  American  Commodore,  Thos.  Aple  Jones,  who  had  relieved  Com. 
Shubrick,  and  was  replied  to  in  the  following.  It  seems  that  the  U. 
S.  Government  was  more  interested  in  prosecuting  an  unjust  war  for 
political  purposes  against  a  weaker  nation,  than  rendering  aid  to  her 
own  distressed  people  ;  but  the  inhabitants  of  Oregon  were  becoming 
accustomed  to  such  treatment : 


Flag  Ship  Ohio,  Mazatlan  Roads,  Mav  24,  1S48. 
Mr.   C.   E.    Pickett: 

Sir.  Yours  of  April  25th,  enclosing  the  copy  of  one  from  Gov.  Abernethy  of 
Oregon  to  j-ou,  was  duly  received  by  the  brig  Henry.  I  am  truly  sorry  to  hear  of 
the  massacre  of  the  missionary  family  and  the  outbreak  of  the  Indians  in  Oregon. 
But  be  assured  sir,  if  I  had  any  sort  of  vessel  at  my  command,  that  nothing  would 
afford  me  higher  gratification  than  to  dispatch  her  to  the  Columbia  river,  but  the 
return  of  two  of  the  ships  home,  just  before  my  arrival  here,  and  the  detaching 
of  the  third  to  the  East  Indies  by  order  of  the  Hon.  Secretary  of  the  Navy,  as  also 
the  absolute  necessity  of  sending  home  two  others,  leaves  me  only  three  to  hold 
Mazatlan  and  Guaymas — taken  possession  of  by  Commodore  Shubrick — and  for  all 
other  purposes  of  war  on  this  extended  coast.  The  treaty  of  peace  is  not  yet  rati- 
fied by  the  Mexican  Congress,  nor  is  it  by  any  means  certain  that  it  will  be,  con- 
sequently I  am  much  embarrassed  by  that  uncertainty.     I  am  expecting  more  ves- 


If  V  11 


1847 

ine  5,   1S4S. 

;ring  your  res 

lenien,  wliicli 
forwarded  bv 
you,  and  de- 
.     I  presume 

iclies  you,  all 

grants  on  the 
oute,  I  think 
Ivance  of  the 
n  body  of  the 
the  chiefs  to 
hrough  their 
)  The  Dalles, 
fully  settled. 

not  know  as 
ay  is  to  leave 

has  reached 
5  in.     To-day 
1  the  papers. 
JTHY, 
if  Oregon. 


merly  lived 
uence  with 
ieved  Com. 
that  the  U. 
List  war  for 
aid  lo  her 
;  becoming 


'  24,  1S4S. 

.bernethy  of 
ry  to  hear  of 
s  in  Oregon, 
thing  would 
ivcr,  but  the 
le  detaching 
favy,  as  also 
iree  to  hold 
— and  for  all 
not  yet  rati- 
^ill  be,  con- 
g  more  ves- 


1847 


PROVISIONAL   GOVERNMENT. 


411 


sols  from  the  United  States  in  the  coming  summer.     If  they  arrive,  I  shall  dispatch 
one  to  Oregon.     Please  forward  a  copy  to  Gov.  Aberncthy,  and  oblige  yours  truly. 


'>V- -?--«»''*-€ 


It  will  be  remembered  that  the  Legislature  shortly  after  the  news 
of  the  Whitman  massacre,  appointed  a  committee  of  three  to  write  a 
letter  to  the  U.  S.  Commissioner  at  Honolulu,  for  such  aid  as  he  could 
render  or  influence  to  be  sent  to  suppress  the  Cayuse  Indians.  Judg- 
ing fiom  the  letter  written  to  the  Commodore  of  the  Pacific  squadron 
either  this  committee  or  some  one  else  h..  I  written  some  very  alarming 
letters,  and  caused  our  worthy  U.  S.  Commissioner  a  great  amount  of 
uneasiness.     The  following  are  the  letters  : 

Office  of  U.  S.  Commissioner,       \ 
HoNOi,ULU,  June  6,   1.S48.  1 
Sir.     Enclosed  I  forward  you  a  letter  I  have  just  written  to  Com.  Jones  in  ref- 
erence to  affairs  in  your  Territory.     You  will  oblige  me  by  keeping  me  advised  of 
the  progress  of  events,  and  I  may  be  able  to  render  you  assistance.     Yoms  resp'tly. 
Hon.  Geo.  Abernethy,  A.  TEN  KYCK. 

Gov.  of  Oregon. 

(COPY.) 

Office  of  U.  S.  Commissioner         | 
Honolulu,  June  5,   iS48.|' 

Sir.  Information  upon  which  I  think  I  may  rely,  induces  the  opinion,  that 
the  presence  of  one  or  more  sloops-of-war,  at  this  time,  is  very  desirable,  if  not 
actually  necessary  in  the  Columbia  river.  You  are  undoubtedly  aware  of  the  out- 
break amongst  the  Indians  against  our  countrymen  and  the  organization  of  armed 
volunteer  forces  under  the  authority  of  the  Provisional  Government  of  Uie  Territory, 
and  that  these  have  for  sometime  past  been  actually  engaged  in  driving  back  the 
savages. 

You  arc  not  probably  aware  of  the  bad  state  of  feeling  existing  in  the  country 
between  our  citizens  and  the  factors,  agents,  &c.,  of  the  Hudson's  Bay  Company. 
The  latter  are  accused  by  our  citizens  of  furnishing  arms,  and  ammunition  to  the 
Indians  and  otherwise  countenancing  and  aiding  them  in  their  hostilities  towards 
the  American  settlers.  The  rumor  is,  that  a  portion  of  the  volunteer  forces  on  sat- 
isfying themselves  that  the  Indians  had  received  amnmnition  from  one  of  the  Com- 
pany's forts  above  Vancouver,  attacked  and  took  it,  and  even  threatened  I'ort  Van- 
couver  itself.     That  an  angry  correspondence  between  Gov.  Abernethy  and  Mr. 


hi 


412 


brown's  political  history. 


1847 


f    H 


Douglas,  one  of  the  Company's  Chief  Factors  had  taken  place.  That  Mr.  D.,  had 
written  to  the  Company's  agent  here,  and  to  the  English  Consul  General,  for  the 
dispatch  to  the  river  of  an  English  man-of-war,  and  that  the  Consul  General,  only 
waited  an  opportunity  to  write  the  English  Admiral  at  Valparaizo  on  the  subject. 
I  may  add  our  people  are  very  poor,  and  are  much  in  need  of  arms  and  ammuni- 
tion, and  are  much  alarmed.  Having  good  reasons  to  credit  these  rumors,  I  do 
not  hesitate  to  request  that  j-ou  lose  no  time  in  dispatching  such  force  as  you  can 
spare  from  the  squadron,  and  as  the  exigencies  of  the  case  may  seem  to  require  to 
the  Columbia  river.  I  have  of  course  forwarded  a  copy  of  this  letter  to  the  State 
department.  Yours  very  respectfully. 

Com.  Thos.  Apcai.esby  Jones,  A.  TEN  EYCK. 

Commander-in-Chief.  &c. 

To  the  above,  Gov.  Abernethy  wrote  the  following  reply  to  Mr. 

Ten  Eyck  : 

Oregon  City,  July  10,  I8.JS. 

Sir.  I  received  your  esteemed  favor  of  6th  ult.,  per  ship  Eveline,  together 
with  a  copy  of  yours  of  5th  Juno  to  Commodore  Jones,  for  which  please  accept  my 
thanks.  I  wrote  Commodore  Shubrick  on  the  same  subject  requesting  him  to 
serd  us  a  man-of-war,  but  have  not  yet  heard  from  the  Commodore.  We  have  in 
a  measure  got  our  difficulties  settled.  The  murderers  have  fled  from  the  country  ; 
the  neighboring  tribes  profess  friendship  and  have  sued  for  peace.  Our  little  army 
has  therefore  been  disbanded,  leaving  only  a  few  men  at  the  two  forts,  to  hold 
them  until  the  troops  of  the  United  States  arrive  to  relieve  them.  I  am  in  hopes 
.  that  will  be  this  month  or  next. 

The  presence  of  a  man-of-war  in  our  river  this  summer  with  the  understanding 
among  the  Indians,  that  it  was  in  consequence  of  the  murders  committed  by  the 
Cayutes  would  have  a  good  effect  on  all  the  tribes  of  this  country,  as  far  as  Amer- 
ican citizens  are  concerned,  and  I  therefore  feel  under  great  obligations  to  you  for 
the  active  part  you  have  taken  in  our  behalf.  vShould  a  sloop-of-war  be  sent  this 
summer,  we  shall  feel  that  we  are  not  entirely  neglected  by  our   Government. 

In  your  letter  to  Com.  Jones,  you  speak  of  the  bad  feeling  existing  between  the 
Americans  and  the  agents  of  the  H.  R.  Co.  That  the  latter  furnished  ammunition 
and  arms  to  the  Indians.  That  the  volunteers  had  sacked  one  of  the  Company's 
forts ;  and  an  angry  correspoudance  had  been  carried  on  between  Mr.  Douglas  and 
myself.     I  feel  it  my  duty  to  correct  these  reports. 

The  Company  did  not  render  us  that  aid  which  we  expected  to  receive  in  the 
way  of  a  loan,  refusing  any  money  on  the  credit  of  the  National  Ciovcrnment,  and 
giving  as  a  reason,  that  they  had  orders  from  home  to  give  no  credit.  They  how- 
ever advanced  us  means  on  individual  ])aper  to  some  extent.  Reports  were  preva- 
lent here  that  the  volunteers  intended  to  make  an  attack  on  \'ancouver.  They 
feared  it  would  be  so,  and  Mr.  Douglas  wrote  so,  expressing  his  fears,  but  on  my 
reply  informing  him  that  nothing  was  in  contemplation,  with  which  he  expressed 
himself  fully  satisfied.     All  of  our  correspondence  has  been  of  a  friendly  character. 

With  regard  to  furnishing  amnmnitiou  to  the  Indians,  Mr.  Ogden  on  his  way 
up  to  rescue  the  prisoners,  gave  powder  and  ball  to  the  Indians  for  the  passing  of 
his  canoes.  This  was  their  former  custom,  and  he  says,  he  did  not  wish  to  excite 
any  suspicion  in  their  minds,  for  fear  it  might  defeat  his -object.  I  think  it  very 
likely  our  efforts  to  punish  the  Indians  will  have  a  dileterious  effect  on  the  H.  B. 
Co.,  with  the  Indians.  They  have  looked  upon  them  as  the  most  powerful  people 
in  the  country,  and  on  the  Americans  as  women,  perhaps  they  have  been  told  so. 


Wm^. 


■       i«47 

t  Mr.  D.,  had 
meral,  for  the 
General,  only 
n  the  subject, 
and  animuni- 
:  rumors,  I  do 
ce  as  you  can 
to  require  to 
r  to  the  State 

SN  EYCK. 

eply  to  Mr. 

ily  lo,  18.J.S. 
H7ie,  together 
ise  accept  my 
esting  him  to 
We  have  in 
the  country  ; 
)ur  little  army 
forts,  to  hold 
I  am  in  hopes 

nderstanding 

iiitted  by  the 
far  as  Amer- 

)ns  to  you  for 
be  sent  this 

erument. 

between  the 

ammunition 

e  Comjjany's 

Douglas  and 

:ceive  in  the 
•riiment,  and 
They  how- 
were  preva- 
luver.  They 
■s,  but  on  my 
le  expressed 
ly  character. 
1  on  his  way 
le  passing  of 
ish  to  excite 
liink  it  very 
)n  the  H.  B. 
■erful  people 
)cen  told  so. 


1847 


PROVISIONAL   GOVERNMENT. 


413 


There  is  a  probability  that  by  this  time  their  opinions  are  a  little  changed.  They 
see  that  the  Americans  are  able  and  willing  to  punish  them  if  they  wrong  them  ; 
and  I  am  in  hopes  this  knowledge  will  be  beneficial  to  them  and  us.  Hut  we  have 
no  assurance  that  peace  will  continue  one  month,  and  we  therefore  look  anxiously 
for  the  protecting  arm  of  our  Government  to  be  extended  over  us.  With  many 
thanks  for  your  kindness.  I  have  the  honor  to  remain  yours  truly, 
Anthony  Ten  Eyck,  b;s(2.,  GEO.  ABERNETHY, 

U.  S.  Cotnmissioner,  Honolulu  Gov.  of  Oregon. 


Commis.sary's  Ofvice,         \ 
Oregon  City,  June  4,  1848.  ) 
Gov.  Aberneihy  : 

Dear  Sir.  I  have  just  been  informed  by  the  Loan  Commissioners,  that  they 
have  no  funds  on  hands  to  meet  the  expenses  of  this  department ;  and  as  there  are 
many  liabilities  already  contracted,  and  others  daily  accruing  without  the  means 
of  liquidating  them,  it  will  be  impossible  to  carry  on  operations,  unless  measures 
be  taken  to  meet  those  liabilities  and  supply  the  army  with  food  and  clothing. 
An  impression  seems  to  be  entertained  by  many  that  there  is  no  longer  any  neces- 
sity for  keeping  the  army  in  the  field.  But  whether  this  be  a  correct  conclusion 
or  not,  it  is  not  my  purpose  to  inquire.  It  is  only  necessary'  to  say  that  it  operates 
very  materially  against  raising  means  to  supply  the  army.  In  absence  of  all  other 
funds  and  the  decision  which  the  Loan  Commissioners  have  made,  that  they  are 
not  authorized  l)y  law  to  execute  bonds  for  such  debts  as  this  department  may  con- 
tract, places  it  entirely  beyond  the  power  of  the  Commissary  to  furnish  the  army 
with  its  pressing  wants.     Yours  truly. 

Commissary's  Office,  June  17,  1848. 
Gov.  Abernethy : 

DERr  Sir.  On  my  way  to  Mr.  McSwain's  this  morning,  I  met  Mr.  Casidson,  the 
bearer  of  dispatches  from  Col.  Waters  to  the  war  department,  informing  us  that 
the  troops  would  reach  the  Clackamas  on  the  21st,  and  they  would  halt  at  or  near 
McSwain's  until  further  advised.  A  part  have  already  reached  the  ground  desig- 
nated; among  the  number  is  Col.  Lee.  A  party  of  fifty  men  has  just  arrived  in  this 
city,  two-and-a-half  days  from  The  Dalles  by  river  conveyance.  Twenty-five  or 
thirty  will  be  here  to-morrow.  The  regiment  will  be  at  the  Clackamas  to-morrow 
evening.  All  hands  seems  to  be  anxious  to  get  home.  The  officers  seem  to  have 
but  little  control  over  the  men.  They  have  apparently  become  perfectly  reckless, 
and  will  leave  camp  regardless  of  con.sequences.  I'nder  such  circumstances,  it  is  a 
question,  whether  it  would  not  be  advisable  to  discharge  them  at  once.  If  your  busi- 
ness at  the  Institute'  is  such  that  you  cannot  return  immediately,  I  would  suggest 
whether  you  would  not  appoint  some  person  to  nmster  the  troops  out  of  service. 
I  have  sent  four  barrels  of  Hour  and  made  arrangements  for  beef  to  supply  the 
troops.  The  H.  B.  Co.'s  boat  Cowlitz  arrived  at  Vancouver  this  morning  ;  we 
have  not  heard  whether  she  brought  any  important  news  or  not.  Messrs.  Snook 
and  Fleming  are  among  those  who  came  by  boat.  Cc^s.  Waters  and  Jennings  will 
be  here  to-morrow.     Yours  truly,  JOEL  PALMER. 

I  Now  Willumette  University,  Salem.    Gov.  A.  w.is  cue  of  the  directors. 


414 


brown's  political  history. 


1847 


On  Col.  Lee's  return  to  Oregon  City  from  the  seat  of  war,  he  wrote 
the  following  letter  that  will  explain  itself  and  shows  the  unselfish 
generosity  of  the  man  ; 

Oregon  City,  June  24.  184S. 

Dear  Sir.  Haviujr  fulfilled  my  promise  to  Col.  Waters,  and  to  the  ofliccrs 
and  men  of  the  regiment,  in  accompanying  them  through  the  late  campaign,  I 
consider  myself  released  from  any  further  military  connection  with  the  regiment, 
that  connection  having  expired  by  limitation  on  our  return  to  Fort  \Vci..rs.  Con- 
sequently,.! there  withdrew  from  the  regiment. 

On  the  road  from  that  place  to  Fort  Wascopam,  met  a  commission  filled  out 
for  myself  as  Lieutenant  Colonel.  This  doubtless  grew  out  of  a  misunderstanding 
of  the  consent  I  gave  to  act  as  such  for  the  time.  When  I  resigned  my  commission 
as  Colonel,  I  believed  I  was  only  yielding  to  another,  what  I  knew  he  con.sidered 
his  rights,  and  my  consent  to  fill  an  office  under  him  was  purely  from  a  wish  to 
preserve  peace,  friendship,  and  good  feeling  in  the  regiment  until  a  last  efibrt 
should  be  made  to  punish  the  enemy,  and  not  to  gratify  any  ambition  to  fill  an 
office.  In  resigning  the  former  office,  there  was  no  sacrifice ;  but  on  the  contrary', 
a  high  degree  of  pleasure.  In  submitting  to  the  latter,  though  temporarily,  I 
confess,  there  was  a  sacrifice  required.  It  was  made  as  long  as  necessary  to  the 
success  of  the  campaign.  With  the  necessity,  my  obligations  expired.  With  high 
sense  of  obligation  and  duty  to  the  community,  and  a  sense  of  gratefulness  to  your 
Excellency,  I  beg  leave  to  decline  the  proffered  honor.  You  are  aware  that  no 
election  in  the  regiment  to  fill  that  office  could  be  legal,  while  there  was  no  vacancy, 
even  if  the  appointing  power  had  been  vested  in  the  regiment  So  that  all  I  did  in 
that  capacity  was  by  mutual  consent,  and  not  legal  authority. 

I  remain  yours  truly,  H.  A.  G.   LEE. 

Gov.  Abernethy. 


Lt.  Col.  L,ee,  Supt.  of  Indian  Affairs,  wrote  the  following  in  regard 
to  the  rewards  offered  for  some  of  the  murderers  : 

Oregon  City,  June  24,  1848. 
Gov.  Abernethy  : 

Sir.  Inclosed  is  a  letter  from  Wm.  McBean,  chief  trader  of  the  H.  B.  Co.,  at 
Fort  Nez  Perce,  containing  some  intelligence  relative  to  Indian  affairs,  which  may 
be  read  with  some  interest.  In  connection  with  the  transaction  reported  in  that 
letter,  allow  me  to  say  that  a  reward  of  fifty  blankets  has  been  offered  for  the  cap- 
ture and  delivery  of  any  one  of  the  principal  murderers — such  as  Telowkoikt,  Tam 
Sucky,  and  others,  or  half  that  amount  for  their  scalps  ;  and  twenty-five  blankets 
for  any  one  of  the  common  men  concerned  in  the  massacre.  This  reward  was  of- 
fered upon  the  faith  of  a  subscription,  which  was  gotten  up  in  the  regiment,  after 
it  was  resolved  that  it  was  useless  for  the  regiment  to  pursue  the  flying  enemy  far- 
ther. The  fact  that  such  a  reward  was  offered,  was  not  known  to  Serpent  Jaune 
at  the  time  referred  to  in  McBean 's  letter.  But  I  am  happy  to  say,  it  was  known 
to  the  Nez  Perces,  and  favorably  considered  by  them  ;  and  that  I  have  good  reasons 
to  believe,  that  some  of  the  most  influential  men  amongst  them  are  now  laboring 
to  gain  that  reward. ' 

I  There  was  also  a  subcription  paper  circulated  in  the  Willamette  valley  offering  a  reward  for 
the  capture  and  deliverv  of  Teloukaikt  and  Tam  Sukie,  dated  at  Oregon  City,  May  23,  1848,  and 
signed  by  eighty-eight  citizens,  who  subscribed  merchandise,  $132  ;  eighty-four  blankets  at  J5  each 


tisiiiSiaiis 


i847 


1847 


PROVISIONAL   GOVERNMENT. 


415 


ir,  he  wrote 
tie  unselfish 


le  24,  184S. 
.0  tlie  ofliccrs 
campaign,  I 
the  regiment, 
►Va^.rs.     Con- 

sion  filled  out 
imderstanding 
ly  commission 
he  considered 
rom  a  wish  to 
1  a  last  effort 
ition  to  fill  au 
1  the  contrary, 
xmporarily,  I 
cessary  to  the 
i.  With  high 
ulness  to  your 
aware  that  no 
as  no  vacancy, 
hat  all  I  did  in 

\.  G.  LEE. 


iigin  regard 


le  24,   1848. 

:  H.  B.  Co.,  at 
■s,  which  may 
jorted  in  that 
d  for  the  cap- 
awkoikt,  Tarn 
-five  blankets 
jward  was  of- 
egiment,  after 
ng  enemy  far- 

erpent  Jaune 
it  was  known 
;  good  reasons 

now  laboring 


ing  a  reward  for 
tlay  23,  1S4S,  and 
iiikets  at  $5  each 


Permit  me  to  say,  for  the  information  of  all  concerned,  that  it  is  desirable  that 
the  peace  of  the  country  should  not  be  endangered  by  missionaries  expositfg  them- 
selves to  the  fate  of  our  esteemed  and  lamented  friends  at  Waiilatpu.  In  accord- 
ance with  this  desire,  an  opportunity  was  offered  Revs.  Eells  and  Walker  of  making 
their  escape  from  the  casualties  of  savage  treachery,  un awed  by  efficient  military 
protection  ;  and  I  am  truly  glad  that  they  improved  that  opportunity  and  are  now 
safely\  and  I  hope  pleasantly  enjoying  the  society  of  friends  in  this  city.  Upon 
the  same  principle,  a  note  was  dropped  to  the  Rev.  Fathers  as  I  passed  Wascopam, 
a  copy  of  which  I  enclose.     Respectfully,  IL  A.  G.   LEE, 

Supt.  of  fndian  Affairs. 

Fort  Wascopam,  June  15,  1848. 
Rev'd  Mkssikurs.  As  Superintendent  of  Indian  Affairs,  it  becomes  my  duty 
to  inform  you,  with  all  due  respect  to  your  sacred  calling,  that  it  is  desirable,  no 
further  missionary  effort  should  be  made  with  any  Indians  east  of  the  Cascade 
mountains,  until  the  presence  of  well  organized  and  disciplined  troops  under  com- 
mand of  United  States  officers,  shall  render  such  efTorts  safe  and  judicious.  At 
present,  the  relations  between  the  whites  and  Indians  are  too  precarious  to  allow 
missionary  labors  with  the  Indians  to  be  either  prudent  or  effective  of  good.  So 
soon  as  circumstances  will  allow,  I  shall  take  pleasure  in  throwing  open  wide  the 
door  of  missionary  labors  amongst  the  natxvGS,  to  all  Cfiristian  missionaries;  at 
present,  prudence  demands  that  it  should  be  closed  againt  all.  I  have  the  honor 
to  be,   &c.  H.  A.  G.  LEE, 

To  Mkssikurs  Blanchet.  Supt.   Indian  Affairs. 

Fort  Nez  Perce,  June  4,  1848. 
Dear  Sir.  I  lose  no  time  in  communicating  with  you,  as  I  am  just  put  in 
possession  of  information  which  is  of  great  importance  to  you  all,  and  which  I  be- 
lieve to  be  correct.  Patatis  or  Pierre,  who  is  encamped  about  seven  miles  up  the 
Columbia,  with  a  small  party  of  Walla  WaDas,  curing  salmon,  was  sent  to  me  by 
Serpent  Jaune,  to  inform  me  that,  as  soon  as  he  reached  the  Yakima,  a  day's  march 
from  here,  he  fell  in  with  one  of  the  nmrderers,  whom  he  got  tied  by  his  young 
men  and  hung  on  the  spot.  He  then  started  in  search  of  another  one  by  the  name 
of  Thomas — he  who  killed  the  American  who  attended  the  grist  mill.  He  was 
said  to  be  a  short  distance  up  upon  another  riyer.  But  as  Serpent  Jaune  sent  his 
Uicsseuger  when  starting  to  go  after  him,  I  cannot  say  what  may  be  his  fate.  From 
this  information,  you  will  be  the  best  judge,  whether  you  should  send  a  party  im- 
mediately to  assist  Serpent  Jaune,  in  case  this  Thomas  might  be  protected  by 
others.  Depending  on  Patatis  more  than  on  Serr.;nt  Jaune,  I  believe  the  report  to 
be  correct,  and  that  there  is  no  treacherous  aesign  in  it.  The  good  opinion  enter- 
tained towards  me,  by  the  officers  and  '.nen,  is  certainl}*  flattering,  and  through 
you,  I  beg  to  express  my  humble,  but  sincere  acknowledgements  to  them,  and 
tiust  that  my  conduct  will  be  so  regulated  as  to  merit  a  continuation  of  the  same,  I 
feel  particularly  thankful  to  you  and  the  Doctor  for  the  anxiety  evinced  in  regard 
to  my  health,  and  that  of  my  family.  It  is  merely  a  cold  with  which  we  have  been 
troubled.     Yours  truly.  WILLIAM  McBEAN. 

Quartermaster  S.  H.  Goodhue. 

— 1420;  114  shirts  at  $i,— total $666.  Thissubscription  wassent  up  to  Fort  Waiilatpu  and  expended  a r. 
directed  by  Col.  Lee  and  very  materially  helped  in  the  object  desired.  I  would  like  to  publish  the 
names,  as  quite  a  n\imber  of  them  occupied  conspicuous  positions  at  that  time,  but  the  waut  of  space 
obliges  me  to  forego  that  pleasure. 


■*"&-■! 


4i6 


brown's  political  history. 


1847 


The  following  is  the  scheme  of  Col.  lyee  to  enlist  enough  men  to  hold 
Fort  Waters  until  they  were  relieved  by  U.  S.  troops  which  were  ex- 
pected to  arrive  across  the  plains.  But  this  again  proved  hope  against 
hope,  as  none  did  arrive  that  year.  But  the  letter  is  inserted,  and  fol- 
lowed by  another  addressed  to  the  editor  of  the  Spectator,  which  will 
explain  the  subject  more  clearly. 

Oregon  City,  June  29,  1S48. 

Dkar  Sir.  Having  recently  taken  an  important  step,  about  the  legality  of 
which  I  have  some  doubts,  I  beg  to  submit  the  case  to  your  Kxcellency,  and  ask 
some  expression  upon  it.  On  the  return  of  the  regiment  from  the  Nez  Perces 
cou:?try  to  Fort  Waters,  and  previous  to  a  detail  of  men  being  made  to  hold  that 
post,  a  council'of  officers  was  called  by  request  of  some  of  the  Captains,  as  I  be- 
lieve from  Col.  Waters.  The  following  officers  were  present  :  Col.  Waters,  com- 
manding, Caotains  Hall,  Owens,  Maxon,  Thompson,  Martin,  Pugh,  Nesmith,  Bur- 
nett, and  Sha  V,  myself  as  Superintendent  of  Indian  Affairs.  In  this  council  the 
question  arose,  "  Shall  we  hold  Fort  Waters  ?"  After  some  discussion,  a  vote  was 
taken  which  resulted  as  follows,  yeas  five,  nays  si.^c, — lost.  The  question  being 
decided  in  the  negative,  arrangements  were  made  for  the  immediate  abandonment 
of  the  fort.  I  then  requested  that  a  call  should  be  made  for  volunteers,  which  was 
afterwards  ordered,  but  again  countt-i manded,  and  preparations  made  for  all  hands 
to  leave.  Knowing  that  such  a  step  would  be  yielding  up  the  little  advantage  we 
had  gained  over  the  enemy,  and  believing  it  would  be,  not  only  a  violation  of  gen- 
eral orders,  but  a  matter  of  disappointment  to  the  people  in  the  valley,  I  resolved 
to  make  one  more  effort,  independent  of  the  voice  of  the  council.  To  make  this 
effort  successful,  I  found  it  necessary  to  pledge  myself  to  some  responsible  men, 
that  I  would  give  them  a  written  authority  to  colonize  the  country  immediately, 
securing  them  as  far  as  in  my  power  against  future  treaty  stipulations  prejudicial 
to  their  interests.  This  pledge  was  accordingly  made  in  good  faith  to  Capt,  Philip 
F.  Thompson,  of  Yamhill,  Mr.  James  Taylor,  of  Clatsop,  and  their  associates.  A 
call  was  then  made  for  fifty  volunteers  to  remain  until  September  15th,  next,  with 
a  promise  from  Capt.  Thompson,  that  he  would  return  by  that  time  with  families 
to  settle  the  country.  I  am  truly  glad  to  say  that  this  offer  proved  successful,  and 
more  than  the  required  number  of  volunteers  were  obtained. 

The  point  upon  which  I  wish  an  expression  is  the  legality  or  constitutionality 
of  my  granting  such  authority.  Of  its  expediency  and  utility,  I  have  no  doubt. 
If  the  course  to  which  I  am  pledged,  be  not  a  violation  of  any  law,  or  anj'  princi- 
ples of  our  organic  compact,  will  you  sanction  the  proceedings,  and  give  to  the 
promised  instrument  the  benefit  of  your  supervising  counsel,  as  well  as,  the  force 
of  your  approbation  ?     Your  obedient  servant.  H.  A.  G.   LHK, 

To  His  Excellency,  Supt.  Ind.  Affairs. 

Geo.  Abernethy. 

[  For  the  Spectator. [ 
Mr.  Editor.  The  within  is  intended  for  publication,  and  in  connection  with 
it,  I  should  be  pleased  to  say,  for  the  information  of  any  who  may  wish  to  join  the 
Colonizing  Compau} ,  that  there  are  now,  in  the  Cayuse  country,  grist  and  saw 
mills,  blacksmith's  anvils  and  bellows,  with  some  tools,  a  quantity  of  iron,  plows, 
harrows,  hoes,  a  crop  of  wheat,  peas,  potatoes  and  corn  ;  with  almost  every  con- 
venience and  facility  for  forming  a  settlement.  These,  in  connection  with  the  su- 
perior and  peculiar  adaptation  of  that  section  of  the  country  to  the  growth  of  wool. 


^\ 

mk 

% 

ii^B 

1 

Wki 

1847 

net!  to  hold 
h  were  ex- 
Dpe  against 
ed,  and  fol- 
which  will 

le  29,  1848. 
le  legality  of 
:ncy,  aud  ask 
e  Nez  Perces 
s  to  hold  that 
;ains,  as  I  he- 
Waters,  com- 
^esmith,  Bur- 
is  council  the 
>n,  a  vote  was 
uestiou  heing 
ahandonmeut 
rs,  which  was 
!  for  all  hands 
advantage  we 
jlation  of  gen- 
ey,  I  resolved 
To  make  this 
ponsible  men, 
I  immediately, 
IS   prejudicial 
Capt.  Philip 
issociates.     A 
th,  next,  with 
with  families 
Liccessful,  and 

stiiiitionality 
ive  no  doubt. 
3r  any  princi- 
d  give  to  the 
as,  the  force 
LEE, 
id.  Affairs. 


tiucction  with 

sli  to  join  the 
rist  and  saw 

f  iron,  plows, 
st  every  con- 
with  the  su- 

owth  of  wool, 


1847 


PROVISIONAL  GOVERNMENT. 


417 


raising  of  horses  and  cattle,  hold  out  inducements  to  the  husbandman  not  equalled 
by  any  portion  of  the  Willamette  valley  ;  while  the  climate,  for  health,  and  the 
scenery  for  beauty,  cannot  be  excelled  by  any  spot  on  earth. 

Respectfully,  H.  A.  C.  LEIC. 

In  consideration  of  the  barbarous  and  insufferable  conduct  of  the  Cayuse  In- 
dians, as  portrayed  in  the  massacre  of  the  American  families  at  Waiilatpu,  and  the 
subsequent  course  of  hostilities  against  the  Americans  generally  ;  and  with  a  view 
to  inflict  upon  them  a  just  punishment,  as  well  as  to  secure  and  protect  our  fellow- 
citizens,  immigrating  from  the  United  States  to  this  Territory,  against  a  course  of 
reckless  aggressions  so  long  and  uniformly  practiced  upon  them  by  the  said  Cay- 
use Indians. 

After  consultation  with  his  Excellency,  Geo.  Abernethy,  Governor  of  Oregon 
Territory,  and  with  his  advice  and  consent,  I,  H.  A.  G.  Lee,  Superintendent  of 
Indian  Affairs,  hereby  declare  the  territory  of  said  Cayuse  Indians  forfeited  by 
them,  and  justly  subject  to  be  occupied  and  held  by  American  citizens,  resident  in 
Oregon.  To  encourage  such  citizens  to  occupy  and  hold  said  territory.  Captain 
Philip  F.  Thompson  of  Yamhill  county.  Tames  Taylor,  Esq.,  of  Clatsop  rounty, 
and  all  their  associates,  with  others  wishing  to  settle  there,  are  hereby  aut'jorized 
to  take  and  hold  laud  claims  within  the  territory  of  the  Cayuse  Indians,  according 
to  the  laws  of  Oregon,  regulating  the  taking  and  holding  of  land  claims  ;  and  it  is 
understood  that  no  treaty  stipulation  shall  hereafter  be  eulcred  into  with  said  In- 
dians prejudicial  to  the  interests  of  such  settlers,  while  they  conform  to  the  laws 
of  the  land.     In  testimony  of  which,  I  subscribe  my  name. 

Indian  Department,  H.    A.  r    LEE, 

Oregon  City  July  6,   1848.  Supt.  /.   4.   O.    T, 


May  28,  Maj.  Magone  took  sixty  men  and  went  to  Messrs.  Eells  and 
Walker's  missionary  station,  Chimerkin,  but  called  by  the  Indians 
Tshimakain,  to  escort  those  gentlemen  and  families  otit  of  the  country 
to  the  Willamette  valley.  It  seems  that  they  had  been  very  urgently 
reqtiested  by  the  officers  of  the  H.  B.  Co.,  who  resided  in  the  country 
east  of  the  Cascade  mountains  to  go  to  some  of  their  posts  un  til  they 
could  be  escorted  to  the  Willamette  valley.  They  therefore  went  to 
the  Colville  post,  but  hearing  that  relief  was  coming,  met  Maj.  Magone 
and  party  at  their  own  station  and  came  with  them,  and  afterwards 
reached  their  friends  in  safety  in  the  Willamette  valley. 

The  following  letter  from  Capt.  A.  T.  Rogers  which  was  carried  to 
Oregon  City  by  Seletz;i,  "kicked  up  a  row"  generally,  and  caused  con- 
siderable ill  feeling  among  the  people,  and  the  Governor  received  quite 
a  number  of  letters  on  the  subject  ;  but  with  his  usual  good  tact  and 
diplomacy,  he  succeeded  in  a  measure  in  appeasing  the  excitement.  I 
append  one  of  his  replies  immediately  after  the  letter. 

Fort  Wascopam,  July  9,  1848. 
Gov.  Abernethy  : 

Sir.  I  embrace  this  opportunity  to  send  you  a  few  lines  by  Indian  Seletza. 
I  am  sorry  to  inform  you  that  the  priests  are  trying  to  make  a  disturbance  between 


(■■  * 


V  r 

\        1 

1     ;■: 
I 

\      1 

If 

'    1 

:     ■ 

i 

i 

• 

r 

1 

i 

418 


brown's  political  history. 


1847 


us  and  the  Indians.  It  cannot  be  proven,  but  there  is  very  strong  circumstantial 
evidence.  The  Indians  say  that  the  Bostons  are  very  bad  people;  they  ought  not 
to  let  the  Bostons  live  here.     I  think  he  must  not  make  much  more  disturbance. 

I  remain  yours, 

ALEXANDER  T.  ROGERS. 

Okkgon  City,  Aug.  i,  1848. 
Sir.  In  answer  to  your  request,  I  state  in  writing,  that  the  article  written  by 
you  {or  the  ylmerican^  was  correct.  I  regret  very  much  however,  that  you  gave 
the  article  to  the  public,  as  all  things  of  this  kind  tend  to  excite  the  community 
and  do  no  good.  I  am  well  acquainted  with  the  Indian  character  and  know  their 
disposition  to  carry  false  reports  frotn  one  to  another,  sometimes  merely  to  see 
what  effect  a  report  unfavorable  to  the  person  they  are  speaking  to  will  have.  I 
am  therefore  satisfied  that  the  Indians  in  making  the  statement  they  did  to  Mr. 
Rogers,  did  it  to  mislead  him.  For  I  cannot  believe  that  the  priests  would  be  so 
remiss  as  to  say  anything  of  the  kind  to  the  Indians  while  there  is  so  much  excite- 
ment in  the  community.  My  inquiries  for  Gen.  Palmer  and  Col  Lee  had  no  refer- 
ence to  this  letter  I  was  reading.  I  wished  to  know  if  they  were  in  town  as  a 
portion  of  another  letter  received  by  me  was  directed  to  them.-  Yours  truly. 
Mr.  R.  W.  Ford,  '  GEO.    ABERNETHY. 

The  followinja:  official  report  although  dated  June  24th,  was  appar- 
ently not  filed  or  published  until  July  27th,  or  it  would  have  been 
placed  consecutively.  It  will  pick  up  some  of  the  threads  of  the  line 
of  events  and  make  them  more  clear,  although  restating  some  incidents 
previously  stated. 

Headquarters  of  the  Army,        ) 
Oregon  City,  June  24,  1848.  f 

vSiR.  An  official  report  of  the  proceedings  of  the  First  Regiment  of  Oregon 
Riflemen,  under  my  command  is  herewith  submitted  : 

On  the  morning  of  May  17th,  I  left  Waiilatpu  in  pursuit  of  our  enemies,  who 
said  by  Indian  report,  to  have  stationed  taemselves  in  the  vicinity  of  Mr.  Spald- 
ing's mission.  We  encamped  that  night  on  a  small  stream  near  the  Toucha. 
Early  next  morning  we  dispatched  two  companies,  120  men,  under  command  of 
H.  A.  G.  Lee,  Supt.  I.  A.  of  O.  T.,  with  instructions  to  cross  Snake  river,  at  Red 
Wolf's  ground,  and  if  possible,  cut  off  their  retreat  from  the  mountains,  while  I, 
with  the  main  body,  would  cross  at  the  mouth  of  Palouse  river  and  prevent  their 
flight  to  the  Columbia.  On  reaching  the  river  at  this  point  on  the  morning  of  the 
19th,  there  were  no  canoes  to  be  seen  on  either  side,  notwithstanding  previous  ar- 
rangements had  been  made  with  the  Palouse  chief,  by  th  -*  vSuperinteiident  of  Indian 
Affairs  to  have  them  in  readiness  on  our  arrival.  The  river  was  high  and  rapid, 
and  the  idea  of  crossii.g  our  baggage  on  rafts  at  once,  .seemed  hazardous  in  the  ex- 
treme.    A  raft  was  however  made,  and  Maj.  Magone  and  four  others  crcssed,  with 

1  "  Oregon  .American  and  Evangelical  Unionist,"  in  pamphlet  form  of  i6  pages  octavo,  edi- 
ted by  Rev.  J.  S.  Griffin  and  published  at  Tualatin  Plains. 

2  At  the  time  Gov.  Abernethy  received  this  letter  (Rogers),  there  were  a  numbei  of  men 
standing  by,  and  they  asked  him  to  read  it  aloud,  which  he  did,  not  knowing  its  content- ,  and  the 
news  spread  rapidly,  and  Mr.  Ford  wrote  to  the  "American"  and  commented  considerbly  on  it  so  it 
seems,  and  afterwards  wrote  to  the  Governor  in  regard  to  it,  to  substantiate  his  as.sertions.  I  wa.9 
unable  to  find  his  letter  of  inquiry. 


1847 

;ircumstantial 
ley  ought  not 
;  disturbance. 

ROGERS. 

ig.   1,  1848. 
cle  written  by 
hat  you  gave 
e  community 
id  know  their 
merely  to  see 
will  have.     I 
ley  did  to  Mr. 
ts  would  be  so 
much  excite- 
had  no  refer- 
in  town  as  a 
lurs  truly. 
5RNETHY. 

was  appar- 

have   been 

1  of  the  line 

le  incidents 


RMY,  I 

24,  1848.  f 
;nt  of  Oregon 

enemies,  who 
of  Mr.  Spald- 

tlie  Toucha. 

command  of 
;  river,  at  Red 
:ains,  while  I, 

prevent  their 
lorning  of  the 
E[  previous  ar- 
ient  of  Indian 
gh  and  rapid, 
ous  in  the  ex- 
1  crcssed,  with 

lages  octavo,  edi- 


numbeT 

of 

men           1 

oiitent' , 

and  the           1 

iderb'.y  on  it 

so  it 

sertions 

I 

was 

1847 


PROVISIONAL   GOVERNMENT. 


419 


a  view  of  searching  the  Palouse  for  canoes.  On  reaching  the  mouth  of  the  river, 
they  met  seven  Indians  who  had  come  to  make  good  their  promise  to  the  army. 
It  was  late  when  the  Major  returned,  and  the  wind  was  so  strong  as  to  render  the 
crossing  dangerous.  Next  morning  early  we  commenced,  the  wind  still  continuing 
to  blow,  which  was  greatly  against  us — having  to  swim  most  of  the  horses  l)y  the 
side  of  the  canoes.  About  noon  on  the  21st,  we  were  all  over  safe  and  ready  for 
the  march,  having  procured  an  Indian  pilot  who  pledged  himself  to  lead  us  direct 
to  Teloukoikt's  camp  or  suffer  the  consequences.  Our  camp  that  night  was  on  the 
Palouse:  Next  day,  after  traveling  a  few  miles,  we  took  up  a  dry  branch  that  led 
in  the  direction  of  Mr.  Spalding's.  About  noon  an  express  reached  us  from  Revs. 
Walker  and  Ivells,  stating  that  a  portion  of  the  Spokanes  had  come  down  with  the 
intention  of  joining  us  should  their  services  be  solicited.  They  reported  some 
thirty  head  of  Teloukoikt's  cattle  in  their  country,  and  expressed  their  willingness 
to  drive  them  wherever  I  might  say.  I  ordered  them  driven  to  the  army,  and 
accepted  of  forty-three  of  their  armed  warriors  as  our  allies. 

Next  day,  about  xo  o'clock,  two  Indians  were  discovered  by  the  Spokanes,  and 
brought  forthwith  to  me,  supposed  to  be  spies  from  the  enemy.  They  called  them- 
selves Nez  Perces  ;  said  Telonkoikt  and  party  had  fled  for  the  mountains,  but  left 
a  goodly  portion  of  stock,  both  cattle  and  horses,  and  that  a  few  Indians  were 
guarding  them  on  Snake  river.  I  immediately  dispatched  100  men  under  command 
of  Maj.  Magone,  to  take  the  stock  ;  and  if  he  found  any  of  the  guilty,  to  bring  them 
to  speedy  justice.     On  the  Major's  return  he  reported  to  me  as  follows  : 

Coiy.  WatKrs. — Sir. — On  approaching  the  river,  an  Indian  was  discovered 
on  the  hills,  warmly  pursued  by  Baptise  Dorio  and  others  who  were  in  front, 
and  this  was  deemed  a  sufficient  signal  for  sl  charge,  which  was  made  at  the  utmost 
speed  of  the  animals.  Unfortunately  mine  did  not  rank  with  the  finst  class,  and  I 
was  consecjuently  thrown  in  the  rear  despite  my  exertions  to  the  contrary.  Before 
I  got  down  the  hill  that  leads  to  the  river,  I  heard  the  sharp  report  of  the  rifle,  and 
supposed  we  had  engaged  the  enemy.  I  reached  the  spot  with  all  possible  speed, 
and  found  to  my  surprise  that  they  were  shooting  at  a  canoe  near  the  opposite  shore 
and  that  no  person  was  discoverable  in  it.  I  was  informed  that  there  were  Indians 
in  it,  and  thnt  they  had  put  out  on  first  sight  of  our  boys,  which  they  considered 
sufficient  evidence  of  their  guilt.  There  were  several  Indians  camped  on  the  river, 
among  whom  I  recognized  old  Beardy,  who  declared  there  was  not  one  of  the  mur- 
derers in  that  vicinity ;  that  Telonkoikt  had  gone,  and  two  Bostons  had  come  to 
meet  us  that  morning  from  Capt.  Thompson's  camp  bearing  letters  to  Lt.  Col. 
Waters.  This  tale  looked  so  plausible  from  what  I  heard  pass  between  you,  that 
I  was  dispos?d  to  place  confidence  in  it.  I  left  a  sufficient  force  at  this  point  to 
guard  the  Indians  and  stock  until  I  returned.  I  then  proceeded  up  the  river  to 
where  I  was  inforired  R.ichard  might  be  seen.  I  was  informed  by  him,  that  Mr. 
Cook  and  inothcr  man  left  there  in  the  morning  to  meet  the  regiment.  He  said 
the  Iiuli.ins  were  not  guilty  of  what  those  taken  by  surprise  alleged  against  them, 
and  it  was  -lone  out  of  fear  for  their  own  lives,  and  from  no  other  cause.  When  I 
returned  co  those  left  in  charge  of  the  Indians,  I  found  that  some  four  or  five  had 
crossed  over  on  a  raft  and  killed  two  Indians.  One  reported  to  have  been  killed 
while  the  canoe  was  crossing.  This  act,  be  it  distinctly  understood,  was  a  volun- 
tary one  on  their  part,  as  I  h?  i  given  no  order  to  that  effect. 

I  ordered  the  detatchment  to  retu-n  to  the  regiment,  thoroughly  convinced 
that  I  would  have  given  more  general  satisfaction  to  the  men  by  ordering  them  to 
wipe  from  the  face  of  existence  those  professed  friendly  Indians,  without  distinc- 
tion or  mercy.     But  believing  it  to  be  the  imperative  duty  of  a  soldier  to  obey  the 


iv..^  11 


4U 


Ml' 


420 


brown's  political  history. 


1847 


orders  of  his  superior  officer,  I  returned  the  detachment  to  you  with  the  approval, 
at  least,  of  a  c^ear  conscieuce. 

Your  obedient  servant,  J.  MAGONE, 

A/aj.  /St.  Reg.  O.  R. 

Mr.  Cook  arrived  with  an  express  from  the  Supt.  of  Ind.  Affairs,  about  noon. 
The  substance  of  it  was,  that  the  enemy  had  fled  two  days  before  their  arrival, 
leaving  their  loose  stock  behind.  Stated  that  he  had  crossed  to  the  south  side  of 
Snake  river,  maki*  g  use  jf  their  lodges  for  boats,  and  that  it  was  agreed  in  coun- 
cil to  await  my  orders.  Seeing  the  decided  advantage  that  the  Indians  hail  over 
us,  and  the  many  disadvantages  under  which  we  labored,  particularly  in  crossing 
streams,  I  ordered  their  detatchment  to  join  us  the  next  day.  In  the  mean  time  I 
sent  out  a  detachment,  under  command  of  Capt.  Burnett,  to  drive  in  the  stock  from 
the  hills,  some  of  our  Indians  insisting  that  they  belonged  to  the  murderers.  While 
engaged  in  collecting  the  animals,  an  armed  Indian  rode  up  declaring  they  were 
his,  and  was  unceremoniously  shot  down  by  one  of  the  men.  It  was  done  on  his 
own  responsibility,  as  no  officer  in  charge  had  given  such  order.  The  detach- 
ment from  Spalding's  arrived  the  same  evening,  and  Capt.  Thompson  presented 
me  the  following  report  of  the  proceedings  of  companies  D  and  G  : 

Lt.  CoIv.  \V.\TKRS,  Sir.  The  above  companies  after  separating  from  the 
regiment,  by  your  order  of  i8th  inst.,  proceeded  by  forced  marches,  direct  to  the 
Red  Wolf's  crossing  on  Snake  river,  under  the  guidance  and  with  the  advice  of  H. 
A.  G.  Lee,  S.  I.  A.  At  this  crossing  we  learned  that  Telou'-oikt  and  party  had  left 
some  of  their  property  near  Lapwai,  and  had  gone  east  ..1  different  bands.  We 
crossed  the  river  on  the  20th,  and  proceeded  with  all  possible  dispatch  to  the  vicinity 
of  Lapwai,  where  we  arrived  early  in  the  morning  of  the  21st.  A  small  party  having 
been  dispatched  as  scouts  a  few  miles  back  with  Silsntal  Emchume,  a  Nez  Perce 
chief,  as  guide,  soo-i  arrived  in  camp  witli  a  band  of  horses  and  cattle  known  to  be- 
long to  TeloukoikL.  Here  we  remained  some  days,  keeping  parties  constantly 
going  in  search  ofthe  property  of  the  murderers,  during  which  time,  many  of  the  Nez 
Perce  chiefs  visited  our  camp  and  spoke  frjely  of  the  murderer:?, giving  us  (profess- 
edly I  all  the  information  they  possessed  concerning  their  movements.  The  substance 
of  which  was  communicated  to  you  in  a  letter  by  express  from  the  Supt.  Ind.  Affairs, 
on  the  23d  inst.  The  Nez  Perccs  were  informed  that  our  business  was  to  punish  the 
Cavuses,  and  that  Ihcy  had  fled,  so  that  we  could  not  getthcni  in  person,  we  claimed 
all  the  property  that  they  had  left  in  that  section  of  country,  and  that  they(tae  Nez 
Perces  \  ought  to  assist  us  in  getting  it,  and  not  attempt  to  hide  anything  from  us  ; 
that  any  property  brought  there  by  the  enemy  would  be  taken  as  his,  although  he 
might  have  given  it  to  them  when  he  could  not  get  it  away.  They  accordingly- 
assisted  us  in  getting  it.  Wc  have  succeeded  in  getting  iiS  head  of  horses  exclu- 
sive of  sucking  colts  and  forty-two  liead  of  cattle.  One  mare  was  killed  by  acci- 
dent, and  three  beeves  have  been  killed  from  the  cattle. 

In  obedience  to  your  order  of  yesterday,  by  return  express,  we  have  joined 
your  camp  with  117  head  of  horses,  colts  not  counted,  and  thirty-nine  head  of  cat- 
tle. A  large  spotted  horse,  not  included  in  the  above  list,  was  deli\-ered  to  the  S. 
I.  A.,  to  be  returned  to  Seletza,  being  one  taken  from  him  by  the  Cayuses  last 
winter.  C.  W.  Cook  and  David  Guthrie,  deserve  to  be  noticed  for  their  courage 
and  intrepidity,  in  going  on  express  in  search  of  your  camp  in  the  night,  which 
they  did  voluntarily.  The  Nez  Perces,  whoassisteil  us  in  crossing  the  river,  deserve 
something  more  than  the  little  tobacco,  which  was  all  we  had  to  give  them. 

Your  obedient  servant.  PHILIP  THOMPSON, 

Capt.  Co.  D. 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


421 


a])proval, 

NE, 

r.  o.  R. 

)out  uoon. 
i^ir  arrival, 
nth  side  of 
•d  in  coun- 
is  had  over 
in  crossing 
lean  time  I 
stock  from 
ers.  While 
they  were 
lone  on  his 
he  dctach- 
1  presented 

\   from  the 
irect  to  the 
idvice  of  H. 
rty  had  left 
^ands.     We 
the  vicinity 
arty  havinjj 
\  Nez  Perce 
lown  to  be- 
constanily 
y of the  Nez 
us  (profess- 
e  substance 
nd.  Affairs, 
punish  the 
we  claimed 
ey  (tae  Nez 
^f  from  us ; 
[though  he 
ordingly 
rses  exclu- 
d  by  acci- 

ive  joined 
ead  of  cat- 
to  the  S. 
lyuses  last 
ir  courage 
[fht,  which 
er,  deserve 
leni. 
.'SON, 
Co.  D. 


This  state  of  affairs,  I  readily  observed,  wm  Id  soon  lead  to  serious  consequences, 
and  after  consulting  with  the  officers,  and  fiiiding  that   they  were  almost  unan- 
imous in  favor  of  returning,  I  gave  orders  to  march  for  Waiilatpu  on  the  tnoriiing 
of  the  26th.     I<et  me  here  remark,  that  the  vSuj)!.  of   Indian  Affairs,  is  ciilillfd  to 
much  credit  f(jr  the  course  he  pursued  towards  the  Indians,  under  those  circum- 
stances, and  had  it  not  been  for  his  well  timed  exertions,  I  doubt  not  that  we  would 
have  been  involved  in  a  general  war  with  the  most  of  the  Indiau  tribes  in  the  up- 
per country.     Capts.  Thompson  and  Nesmith  were  ordered  to  return  to  Mr.  Spald- 
ing's place  for  the  purpose  of  removing  Mr.  Craig's  family  and  mission  property 
from  the  country.     They  joined  the  regiment  with  the  familv  and  a  portion  of  the 
property  on  the  29th.     Maj.  Ma^one,  at  the  head  of  fifty-eight  volunteers,  was  dis- 
patched on  the  26tli  inst.,  to  offer  protection  to  the  missionary  families  at  Tshima- 
kin,  and  escort  them  to  the  valley  should  they  be  desirous  of  leaving.     I  could  not 
view  their  situation  in  any  other  light  than  prccirious  and  unpleasant.     The  Supt. 
of  Ind.  Affairs  advised  them  to  improve  the  opportunity  offered  to  leave  the  coun- 
try.    I  started  with  the  regiment  on  the  morning  of  the  30th,  and  arrived  in  the 
vicinity  of  the  fort  on  June  3d.     I  spent   five  days  there,  during  which  time  the 
fort  was  garrisoned  by  fifty-five  volunteers,  whc  "  'listed  until  Sept.  15th,  with  the 
cx,yectation  of  receiving  a  few  more  from  Maj.  Magone's  party.     Capt.  Wm.  Martin 
was  put   in   command  of  the   fort.     I  then  proceeded  to  Fort  Lee  (  Wascopam), 
leaving  Capts.  Owens  and  Maxon  to  await  the  Major's  arrival.     I  garrisotied  that 
post  on  the  ijlh  inst.,  with  seventeen  men,  placing  Lieut.   Rogers  at  their  head. 
They  are  willing  to  await  the  order  of  the  (governor.     The  remainder  of  the  regi- 
ment I  ordered  to  march  by  companies  to  McSwain's,  and  there  Capt.    Hall  would 
assume  command.     I  resolved  to  go  down  by  water,  feeling  somewhat  indisposed. 
About  2  1'.  M.,  of  the  same  day,  the  Major  arrived,  bringing  with  him  both  the 
mission  families.     His  report  is  as  follows  : 

CoL.  Waters — Sik.  On  the  evening  of  May  26th,  I  encamped  on  the  Palouse 
river  some  twenty-five  miles  from  where  I  left  the  regiment  ;  soon  after,  at'  Indian 
came  to  me  and  asked  permission  to  leave  that  night  for  the  mission.  I  granted 
his  request  and  sent  a  note  by  him  to  Revs.  Walker  and  Kells,  requesting  them  to 
meet  me  at  their  place  ( they  were  then  at  Colville  ).  On  the  29th,  soon  after  I 
arrived  at  their  station,  they  were  discovered  coming,  and  were  soon  in  our  midst. 
They  gave  us,  one  and  all,  a  hearty  welcome  to  their  once  happy  home,  .\fter  the 
usual  preliminaries  were  over.  Rev.  Mr.  Eells  unlocked  the  door,  and  I  found  my- 
self at  once  iu  a  house  that  would  do  honor  even  to  Oregon  City.  These  gentle- 
men appeared  all  anxiety  to  know  what  course  the  government  of  Oregon,  or  the 
officers  of  the  army  would  have  them  pursue.  I  briefly  gave  them  your  views  and 
those  of  the  Supt.  of  Ind.  .\ffairs  on  the  subject,  and  then  gave  it  ?'  my  opinion, 
that  you  had  but  expressed  the  language  of  the  Oregon  Government.  With  this 
explanation,  they  appeared  perfectly  satisfied,  and  said  without  a  moments  hesita- 
tion, "we  are  ready  to  go  wheresoever  duty  calls  us,  we  will  leave  in  the  morning  for 
our  familes,  and  shall  return  as  soon  as  possible."  They  furnished  us  with  an 
abundance  of  provisions,  and  we  remained  resting  our  jaded  animals  until  they  re- 
turned. Thev  arrived  on  June  3d,  about  11  o'clock  a.  m.,  and  I  can  assure  you  it 
was  truly  gratifying  to  my  vanity  to  have  such  an  interesting  group  committed  to 
my  charge.  Such  emigrants  cannot  fail  to  add  much  to  the  society  of  Oregon. 
After  about  two  hours  rest,  we  were  all  on  the  march,  and  I  am  happy  to  say,  the 
men  were  ever  found  ready  and  willing  to  render  any  assistance  that  would  tend  in 
the  least  to  the  comfort  or  conveuience  of  the  families.  The  Indians  behaved  well, 
but  appeared  to  regret  much  that  the  missionaries  were  going  to  leave. 


ii 


422 


brown's  political  history. 


1847 


I  stated  to  them  the  reason  why  I  came,  which  appeared  to  satisfy  them,  not- 
withstanding several  shed  tears  on  bidding  them  adieu,  and  two  accompanied  us 
to  Snake  riv.r.  Five  of  my  party  remained  at  Fort  Waters,  among  them  C.  W. 
Cook.  Our  whole  trip  has  been  a  pleasant  and  prosperous  one,  and  I  take  great 
pleasure  in  committing  my  sacred  charge  to  your  care,  confidently  trusting  that 
their  most  sanguine  expectations  will  be  realized  on  reaching  the  valley. 

Your  obedient  Servant.  J.   MAGONE. 

Maj.  /si  Reg.  O.  R. 

Owing  to  adverse  winds,  I  was  unable  to  reach  the  city  until  most  of  the  com- 
panies had  got  through  the  mountains.  Capt.  Hail,  who  was  in  command  of  the 
regiment,  not  meeting  the  proper  officers  at  McSwain's  as  was  expected,  furloughed 
the  companies,  subject  to  the  order  of  the  Governor.  This  step,  was  perhaps  objec- 
tionable, but  I  am  disposed  to  believe  the  best  that  could  have  been  taken  under 
the  circumstances.  Your  obedient  servant. 

A.  L.  LovEjOY,  JAMES  WATERS, 

Adjutant  General.  Col.  Comd'g  ist  Reg.  O.  R. 


To  show  the  trouble  that  Commissary  Pahiier  had  in  obtaining  sup- 
plies for  the  troops  that  remained  at  Forts  Waters  and  Wascopam,  the 
following  is  appended  : 

COMMI.SSAKY    OFI-ICE,  ) 

Oregon  City,  July  12,  1848.11' 
Gov.  Abernethy  : 

I  obierve  in  your  proclamation,  dated  July  sth^  discharging  tlie  ist  Regiment 
Oregon  Riflemen,  that  a  portion  of  the  regiment  has  been  detailed  and  to  remain 
on  duty  at  Forts  Lee  and  Waters.  Knowing  that  those  detailed  for  the  service 
were  needing  many  articles  of  clothing,  as  well  as  provisions,  and  having  no  funds 
on  hand  to  enable  this  department  to  furnish  those  supplies,  I  addressed  a  note  on 
the  lotb  inst.,  to  the  Board  of  Loan  Commissioners,  asking  an  amount  barely  suf- 
ficient to  subsist  and  clothe  the  men  until  the  close  of  the  quarter  enrling  Oct.  i, 
1848.  I  have  received  for  answer  to  that  communication,  that  the  Board  of  Loan 
Commissioners  have  no  funds  on  hands,  and  they  think  it  impossible  to  raise  any 
at  this  time.  As  a  former  f^ecision  of  the  board  was  that  tlr.y  were  not  authorized 
to  execute  bonds  for  such  debts  as  I  might  contract ;  it  is  placed  entirely  beyond 
the  power  of  this  department  to  lo  igcr  supply  the  troops.  Yours  &c. 

JOEL  PALMER,  Com.  Gen. 

The  following  editoricil  copied  from  the  Spectator oi Sept.  6, to  which 
the  letter  from  Lieut. Rodgers,  is  appended  created  considerable  excite- 
ment.    The  Legislature  taking  it  up  at  the  next  session. 

"  By  referenc"  to  the  following  letter  by  Lieut.  Rodgers  to  (Jov.  Abernethy,  it 
will  be  .seen  that  the  arms  and  amniu  'tion  attempted  to  be  taken  into  the  upper 
Indian  country  by  the  Catholic  priest;  have  been  seized  by  Lieut.  Rodgers,  and 
deposited  in  Fort  Lee.  Orders  liav(  "  tn  dispatched  to  Lieut.  Rodgers  to  sie/.e 
and  detain  those  munitions.  Mu<'h  ;redit  is  due  to  Lieut.  Rodgers  and  the  little 
garrison  at  Fort  Lee,  for  the  prc:npi.r  ss  and  efficiency  with  which  tl.ey  acted  in 
the  matter.  We  understand  th  tt  .acre  was  no  disposition  on  the  part  of  the  offi- 
cers of  the  government  to  destroy  or  confiscate  those  munitions,  but,  that  they 


1847 

them,  not- 
mpanied  us 
hem  C.  W. 
[  take  great 
usting  that 

y- 

3NE. 
^g.   O.  R. 

of  the  com- 
land  of  the 
furloughed 
rhaps  objec- 
taken  under 

ERS, 
eg.  O.  R. 


lining  sup- 
:opam,  the 

[CE,  ) 

2,    1848.  f 

St  Regiment 
id  to  remain 
r  the  service 
iig  no  funds 
ed  a  note  on 
t  barely  suf- 
ding  Oct.  I, 
ird  of  Loan 
to  raise  any 
(t  authorized 
rely  beyond 
&c. 
?Ofn.  Gen. 

6, to  which 
.ble  excite- 


tbernethy,  it 
to  the  upper 
Lodgers,  and 
gcrs  to  sie/.e 
id  the  little 
Ley  acted  in 
t  of  the  !>tri- 
it,  that  they 


1847 


PROVISIONAI,   GOVERNMENT. 


423 


were  detained  to  prevent  their  transportation  into  the  Indian  country  under  the 
present  juncture  of  affairs.  We  had  intended  to  have  spoken  plainly  upon  the  at- 
tempt, by  Catholic  priests,  to  transport  such  a  quantity  of  arms  and  ammunition 
into  the  Indian  country  at  this  time,  but  as  those  munitions  have  been  siezcd,  and 
are  now  safe,  we  abstain  from  present  comment  upon  the  transaction." 

FoKT  LKE,  Wascopam,  Aug.  21,   1848. 
To  Gov.  Abernethy  : 

Believing  it  to  be  ray  duty  to  let  you  know  anything  of  moment  that  transpires 
at  this  station,  for  this  purpose  I  now  address  you.  About  2  o'clock,  p.  M.,  at  this 
present,  a  boat  arrived,  consigned  to  the  French  priests  who  have  taken  up  thei*- 
residence  here,  loaded  with  about  700  or  Soo  pounds  of  gunpowder,  1,500  pounds  of 
lead,  and  three  boxes  of  guns.  I  thought  it  was  my  duty,  immediately  to  take  charge 
of  them,  and  keep  them  until  I  get  orders  from  you  as  to  their  disposal.  By  ex- 
amining into  the  matter,  and  sending  me  directions  as  to  my  future  conduct  in  this 
affair,  you  will  greatly  oblige  your  humble  servant, 

LIEUT.  A.  T.  RODGERS. 

P.  S.     It  seems  impossible  to  me  that  they  can  require  so  much  ammuni- 
tion for  private  use.  A.  T.  R. 

'^'  Resolved.  That  the  Governor  be  and  is  hereby  requested  to  inform  the 
House  as  soon  as  convenient,  what  disposition  if  any,  has  been  made  with  regard 
to  cer*^ain  arms  and  ammunition,  what  number  of  guns,  quantity  of  powder  and 
balls,  seized  at  Wascopam  in  August  last  by  order  of  the  Government." 

This  resolution  was  found  enclosed  in  I^ieut.  Rodgers  letter,  the 
latter  endorsed  as  an.swered,  but  I  am  unable  to  find  a  copy  of  it.  The 
resolution  was  endorsed  as  received,  but  no  communication  on  file  in 
regard  to  it. 

At  the  expiration  of  their  enlistment,  Sept.  15th,  the  volunteers 
stationed  at  Forts  Waters  and  Wascopam,  returned  to  Oregon  City  and 
were  discharged.  These  two  companies  rendered  considerable  aid  to« 
the  emigrants  and  secured  for  them  a  safe  transit  through  the  country. 

It  is  true  that  there  were  not  many  Indians  killed,  still  they  were 
taught  that  the  "  Bostons,"  or  Americans  were  not  women  as  they 
had  been  led  to  believe  for  several  years,  evidently  by  some  of  the  of- 
ficers and  servants  of  the  Hudson's  Bay  Company.  This  war  had  also 
a  very  deteriorating  effect  on  the  influence  of  that  once,  all  power- 
ful company,  as  there  is  no  doubt  that  the  Indians  expected  moral  if 
not  material  aid  from  their  old  friends  and,  in  a  measure,  masters  for 
a  long  series  of  years. 

Gov.  Mason  of  Californ-a,  sent  l)y  the  brig  Henry  in  August  to 
Gov.  Abernethy,  a  6-pound  brass  field  piece  with  ample  supply  of  am- 
munition and  fixtures  ;  500  muskets  and  100  rifles  with  a  good  .<;upply 
of  cartridges,  which  were  kept  at  Oregon  City,  until  the  organization 
of  the  Territorial  Government  and  the  arrival  of  the  U.  S.  troops  and 
were  then  turned  over  to  the  General  Government. 


\\y 


I  !• 


11^ 


424 


brown's  political  history. 


1847 


ROSTER  OF  OFFICERS,  STAFF  AND  FIELD, 
Also  of  companies  who  served  in  the  Cayuse  war,  commencing  Dec.  8,  1847, 
and  ending  Sept.  15,  1S48. 

Commander-in-chief,  Governor  Geo.  Abernethy  ;  Adjutant  General,  A.  L.  Love- 
joy  ;  Commissary  General,  Joel  Palmer  ;  Colonel,  Cornelius  Gilliam,  ( accideutly 
killed,);  Colonel,  James  Waters;  Lieutenant  Colonel,  Henry  A.  G.Lee;  Major, 
Joseph  Magone  ;  Reg't  O.  M.,  B.  Jennings  ;  Reg't.  Adju't.,  Benjamin  F\  Burch  ; 
Paymaster,  S.  B.  Knox  ;  Surgeon,  Wm.  M.  Carpenter  ;  Asst.  Surg.,  F.  Snider  and 
H.  Saffarans  ;  Judge  Advocate,  Jacob  Rinearson  ;  Ordinance  Department,  Samuel 
J.  Gardiner.  • 

NON-COMMISSIONED    STAFF. 

Sergeant  Major  Josiah  H.  Blankinship  ;  Q.  M.  Sergeant  James  Taylor  ;  Hos- 
pital Steward  Bennett  Osborn. 

/^irsi  Company. — (  unlettered  )  Captain,  H.  A.  G.  Lee,  ist  Lieut.  Joseph  Ma- 
gone, 2d  Lieut.  John  E.  Ross,  Surgeon  W.  M.  Carpenter,  Orderly  Sergeant  J.  S. 
Rinearson,  2d  Sergt.  J.  H.  McMillen,  3d  Sergt.  C.  W.  Savage,  4th  Sergt,  vS.  Cum- 
mings,  5th  Sergt.  Wm.  Barry.  Privaies—]ohn  Little,  Joel  McKee,  J.  W.  Morgan, 
Jos.  B.  Proctor,  S.  K.  Barlow,  John  Richardson,  B.  B.  Rogers,  —  Shanon,  A.  J. 
Thomas,  R.  S.  Tupper,  O.  Tupper,  Joel  Witchey,  G.  W.  Weston,  Geo.  Wesley, 
Isaac  Wilgamot,  Jacob  Johnson.  John  Lassater,  Ed.  Marsh,  Geo.  Moore,  Nathan 
Olney,  Ed.  Robinson,  J.  H.  Bosworth,  Wm.  Beekman,  Benj.  Bratton,  John  Balton, 
Henry  W.  Coe,  John  C,  Danford,  C.  H.  Deffendorf,  David  Everest,  John  Fleming, 
John  Finner,  John  G.  Gibson,  James  Kester,  Henry  Levalley.  [  A.  Lytle,  A.  Green- 
leaf,  James  Fields,  and  G.  W.  Weston,  discharged  at  The  Dalles,  Jan.  17,  1848. 
Joined  the  company  at  The  Dalles,  J.  T.  Lassater,  H.  Carnehan,  Alex.  McDonald 
and  Samuel  Bcntly.     Capt.  Lee's  report  of  January  17,  1S4S.] 

Second  Company  {P^).  Captain,  Lawrence  Hall,  ist  Lieut.  Hugh  I).  O'Bryant, 
2d  Lt.  John  Euyant,  ist  vSgt.  Wm.  Sheldon,  2d  vSgt.  Wm.  Stokes,  3d  vSgt.  Peter  S. 
Enyant,  4th  Sgt.  Thos.  R.  Cornelius,  5th  Sgt.  Fred.  II.  Ramsey,  Color-bearer,  Gil- 
bert Mendon.  Privates — R.  Arthers,  Alvin  C.  Brown,  Isaac  Butler,  Sam'l  Y.  Cook, 
S.  Cunningham,  Ira  M.  Donald,  John  F^Uiott,  Abraham  Enyant,  Thomas  Fleming, 
Samuel  Furgcson,  Samuel  Guthard,  Israel  N.  Green,  J.  C.  Holgate,  Stephen  A. 
Halcomb,  David  Harper,  Noah  Jobe,  Allen  Kennedy,  Alvis  Kinsey,  Thos.  Kinsey, 
Josiah  W.  Lingenfelter,  Andrew  Leiuberger,  John  Lousinquot,  Geo.  A.  Langworthy, 
Oliver  Lowden,  Henry  Larailey,  John  H.  Leinbarger,  Wm.  Mclaneary,  Marshal 
Martin,  Geo.  H.  ]Mirch,  Perin  G.  Northrup,  Wm.  R.  Nowland,  S.  Ross,  David  C. 
Smith,  Plenry  N.  Stephens,  J.  II.  Smith,  Josiah  W.  Scott,  (ico.  W.  Smith,  John  L. 
Scroggins,  Drewery  Sh'  ^maker,  .■Mien  Stewart,  John  W.  Smith,  Wm.  W.  Walter, 
Robt.  Walkers,  Wm.  Williams,  Randal  Yarbcr,  John  A.  Zachery. 

Third  Company  (B).  Captain,  John  W.  Owens,  ist  Lt.  Alex.  T.  Rodgers,  2d 
Lt.  Thos.  C.  Shaw,  ist  Sgt.  Jas.  C.  Robinson,  2d  Sgt.  Benj.  F.  Burch,  3d  S(it.  Jas. 
Bilyieu,  4th  Sgt.  Robt.  McF;iwt  ,  5th  vSgt.  Robt.  Smith.  Privates.— Geo.  W.  Ad- 
ams, Benj.  Allen,  Wm,  Athey,  Tra  Bowman.  John  Bapti.ste,  —  Currier,  Manley 
Ci'rry,  Geo.  Chapel,  Je.sse  Clayton,  Wm.  Doke,  John  Dinsmore,  Sinnet  T.  Duffield, 
Nathan  F'nglish,  vSquire  Elembough,  John  Fiestcr,  Jesse  Gay,  D.  H.  Hartley,  Lester 
Hulon,  Fleuiming  R.  Hill,  Stephen  Jenkins,  Jas.  Kc^ller,  J.  Larkins,  Daniel  M. 
McCumber,  Joshua  McDonald,  Thos.  Pollock,  Ed.  Robinson,  John  II.  Smith,  Chris. 
Stemermon,  Sebron  P.  Thornton,  Joseph  Wilbert,  Wm.  Wilson,  Thos.  R.  Zumwalt, 
E.  McDonald,  Henry  Fuller,  Charles  Zunniord. 

Fourth  Company,  {C).     Captain,  Hamilton  J.  G.  Maxou,  ist  Lt.  Isaac  N.  Gil- 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


425 


:c.  8,  1847, 

1.  L.  Love- 
accideutly 
:e ;  Major, 
F.  Burch  ; 
Snider  and 
at,  Samuel 


ylor ;  Hos- 

foseph  Ma- 
eant  J.  S. 
;t.  vS.  Cutn- 
I.  Morgan, 
anon,  A.  J. 
o,  Wesley, 
re,  Nathan 
ihu  Balton, 
1  Fleming, 
A.  Green- 
.  17,  1S4S. 
McDonald 

O'Bryant, 
t.  Peter  S. 
earer,  Gil- 
V.  Cook, 
Fleming, 
ephen  A. 
Kinsey, 
gworthy, 
Marshal 
David  C. 
John  L. 
Walter, 

idgers,  2d 
Syt.  Jas. 
W.  Ad- 
Manley 
Duffield, 
y,  Lester 
aniel  M. 
h,  Chris, 
umwalt, 

N.  Gil- 


bert, 2d  U.  Wm.  P.  Pugh,  ist  Sgt.  Wm.  R.  Johnson,  2d  Sgt.  Obadiah  S.  Thomas, 
3d  Sgt.  Thos.  M.  Buchner,  4th  vSgt.  Daniel  Stewart,  5th  S^t.  Joseph  Ralston. 
Privates. — Thomas  Alpin,  Andrew  M.  Baxter,  Jackson  Haty,  Wm.  Basye,  Charles 
Blain,  Henry  Blackner,  Wm.  Borden,  vSamuel  Clark,  John  M.  Cantral,  A.  Cantral, 
Samuel  U.  Chase,  John  R.  Courtney,  Rubon  Crowdcr,  John  W.  C rowel,  Samuel 
Cornelius,  Wm.  Chapman,  Jas.  S.  Dickinson,  Manley  Danforth,  Alljert  G.  Davis, 
Wm.  Dinsmore,  Solomon  D  Durbin,  J.F,arl,  S.  D.  Earl,  Napoleon  B.Evans,  Richard 
Evans,  Albert  H.  Fisher,  John  Feat,  Isaac  M.  I'oster,  EH  Ferguson,  Wm.  I'ord, 
Beiij.  Ford,  Samuel  Fields,  David  Garbin,  Thos.  Graham,  Wm.  Hawkins,  G.  Hub- 
bard, H.  Hart,  R.  Johnson,  Wm.  A.  Jack,  I.  M.  Johns,  Alvis  Kenny,  Jas.  Killing- 
worth,  J.  H.  Loughlin,  J.  R.  Lebo,  John  Lemon,  D,  Layton,  H.  Martin,  J.  vS.  Miller, 
J.  McCoy,  M.  McCuUey,  I.  Morgan,  R.  Montgomery,  J.  Morris,  M.  B.  McKinney, 
Jas.  Officer,  R.  H.  Pollard,  H.  Polley,  Fred.  Paul,  J.  B.  Proctor,  J.  Patterson,  Jos. 
Rucard,  Wm.  Robinson,  S.  Ritner,  J.  M.  Rowel,  Wm.  Russet,  Wm.  M.  Smith,  \. 
M.  Smith,  Geo.  M.  Scrowder,  J.  Sheithoof,  A.  vStone,  Wm.  Sherley,  J.  Vaughn,  T. 
Warener,  J.  Wheeler. 

Fifth  Co>npany,  {  D).  Captain,  Thomas  McKay,  ist  Lt.  Charles  McKay,  2d 
Lt.  Alex.  McKay,  Orderly  Sgt.  Edward  Diipois,  ist  Sgt.  Geo.  Montour,  2d  Sgt. 
Baptistc  Dorio,  3d.  Sgt.  David  Crawford,  4th.  Sgt.  Gideon  Pion.  Privates. — 
Amprcville,  C.  Beauchman,  N.  Bird,  A.  Bonanpaus,  J.  Cunningham,  C.  Coweniat,  J. 
A.  Delard,  F.  Dupse,  N.'English,  J.  Gervais,  F.  Gravelle,  J.  Guslonis,  \.  Lafastc, 
O?  Lafaste,  L.  Laplante,  R.  Linkletter,  L.  Montour,  J.  Paine,  A.  Fearce,  A.  Plante, 

A.  Poisier,  A.  Russie,  J.  Sinegratte,  J.  Spence,  Wm.  Towses,  A.  Vatrais,  B.  Lander- 
iste,  P.  Lacourse. 

Sixth  Company,  (  EV  Captain,  Philip  F.  Thompson,  ist.  Lt.  James  Brown, 
2d  Lt.  J.  M.  Garrison,  Ord.  Sgt.  G.  E.  Frazer,  ist  Sgt.  A.  E.  Garrison,  2d  Sgt.  A. 
Welton,  3d  J.  Freer,  4th  Sgt  D.  D.  Dorkin.  Privates, — M.  P.  Brown,  J.  Copenha- 
gen, W.  A.  Culberson,  R.  Crowder,  H.  Davis,  B.  Davis,  J.  Elechels,  J.  Eldridge, 
Wm.  Ivads,  J.  Faron,  A.  K.  Fox,  C.  B.  Gray,  W.  J.  Garrison,  R.  Harmon,  Wm. 
Hailey,  J.  O.  Henderson,  J.  A.  Johnson,  G.  Rowland,  J.  D.  Richardson,  Wm. 
Rogers,  Martin  Wright,  T.  Wilson,  Wm.  Smith,  W.  B.  Stillwell,  E.  T.Stone,  Wm. 
Shepard,  J.  Thompson.  A.  Jobc,  H.  C.  Johnson,  T.  J.  Jackson,  J.  Kenney,  J.  Kil- 
walder,  IL  Kearney,  A.  Lason,  J.  Leabo,  J.  C.  Malheny,  D.  Matheny,  A.  Matheu)', 
Wm.  McKay,  C.  P.  Matt,  J.  Orchard,  J.  Packwood,  J.  B.  Rowland,  C.  Rogers. 

Seventh  Company,  yV).  Captain,  Leven  N.  English,  ist  Lt.  Wm.  Shaw,  2d 
Lt.  F.  M.  Munkers,  Ord.  Sgt.  Wm.  Martin,  ist  Duty  Sgt.  H.  English,  2d  Sgt.  G. 
W.  Shaw,  3d  Sgt.  T.  Boggs,  .\i\\  Sgt.  L.  J.  Rector.  Privates,—}.  Adams,  L.  N. 
Abel,  W.  Burton,  J.  Crank,  J.  Downing,  L.  N.  English,  jr.,  T.  T.  Eyre,  X.  Ford, 
R,  I).  Foster,  A.  Fish,  A.  Gage,  A.  Gribble,  T.  Gregory,  R.  Hays,  G.  W.  Howell, 
W.  Howell,  F.  Howard,  R.  Jenkins,  J.  H.  Lewis,  G.  H.  March,  N.  G.  McDonald, 
Wm.  Med  way,  Jas.  Officer,  J.  R.  Payne,  J.  Pearson,  C.  Roth,  J.  Rowel,  .S.  Senters,  W. 
Simmons,  Benj.  .Simpson,  L.  Stewart,  D.  Waldo,  G.  Wesley,  T.  Wigger,  William 
Vaughn,  A.  Vorke. 

Uii^hth  Company,  (G).  Captain,  William  Martin,  ist  Lt.  A.  E.  Garrison,  2d 
Lt.  David  Waldo,  ist  Sgt.  L.  J.  Rector,  2d  Sgt.  William  Cosper,  3d  Sgt.  Fales 
Howard,  4th  Sgt.  J.  Sylvester,  5th  Sgt.  Benj.  Wright.  Privates, — ^J.  .\lbright. 
T.J.  Blair,  H.  Burden,  J.  Borst,  G.  Crabtree,  S.  Center,  J.  Crank,  J.  Cox,  W.  Cook, 
T.  Canby,  J.  Eads,  T.  T.  Eyre,  P.  Fowler,  S.  Ford,  S.  M.  Grover,  J.  C.  Holgate, 
J.  Kei/.er,  P.  C.  Keizer,  Wm.  Melawors,  J.  Matheny,  .-V.  M.  Rainwater,  L.  .Stewart, 

B.  F.  Shaw,  G.  K.  Vernon,  Wm.  Waldo,  L  Wood,  C.  S.  Pringle,  S.  G.  Pugh.   This 


426 


brown's  political  history. 


1847 


lUlAl' 


company  was  recruited  mostly  from  men  who  had  returned  from  one  term  of  enlist- 
ment. 

NirMi  Company,  (H).  Captain,  William  P.  Piigh,  ist  Lt.  Nelson  R.  Doty,  2d 
Ivt.  Maxwell  Ramsby.  Ord.  Sgt.  George  W.  Vernon,  ist  Duty  Sgt.  David  Weston, 
2d  Sgt.  H.  M.  Smcad,  3d  Sgt.  Almond  Moore,  4th  vSgt.  H.  L.  Brown.  Privates, — 
W.  H.  Bradford,  W.  P.  Breeding,  J.  C.  Boon,  B.  Blevins,  M.  C.  Chambers j 
J.  Cronkhite,  W.  Crabtree,  C.  W.  Curl,  A.  F,  Davidson,  T.  Deakins,  D.  Delauey, 
J.  Davis,  I.  Flannery.  J.  Finncr,  C.  P.  FuUerton,  E.  Fust^  J.  Gaddy,  J.  Garrel,  \V.  N. 
Griffin,  W.  Johnson,  J.  Kendall,  A.  S.  Knox.  C.  Klum,  J.  Low,  J.  McBride,  J.  Mon- 
tieth,  W.  R.  Miller,  W.  Miller,  J.  Neal,  L.  Payne,  J.  Pierce,  P.  Potter,  C.  S.  Pringle, 
J.  W.  Peat,  A.  A.  Robinson,  L.  C.  Richardson,  A.  Rader,  F.  F.  Redman,  T.  Riggs, 
A.  Stewart,  P.  Scott,  H.  Simpkins,  L-  M.  Savage,  J.  Savage,  E.  Stout,  P.  Sheaffer, 
J.  Smith,  T  Shrum,  H.  Shelton,  J.  S.  Thomas,  G.  B.  Thomas,  J.  H.  Whitley,  E. 
Wimberly,  Wm.  Waldo,  and  L.  Wright. 

Tenth  Company,  (I).  Captain,  James  W.  Nesmith,  ist  Lt.  J.  S.  Snook,  2d 
Lt.  Mitchell  Gilliam,  Ord.  Sgt.  Rush  Mendeuhall,  ist  Duty  Sgt.  John  McCloskey, 
2d  Sgt.  John  Scudder,  3d  Sgt.  ^enj.  Taylor,  4tli  Sgt.  Woodford  Holraan.  Privates 
C.  Ashworth,  J.  M.  Bacon,  J.  Butler,  J.  W.  Biirch,  R.  Chrisman,  O.  F.  Clark, 
J.  Canlin,  H.  Coleman,  T.  Culby,  A.  P.  Caldwell,  A.  Cone,  A.  R.  Cook,  D.  Culver, 
W.  Darst,  J.  E.  Davidson,  E.  C.  Dire,  N.  H.  Eberman,  J.  Elmburg,  P.  Earl,  J.S.E. 
Elkins,  ^L  A.  Ford,  J.  T.  Foster,  W.  Glaser,  !•.  M.  P.  Goflf,  D.  M.  Guthrie,  M.  P. 
Gilliam,  S.  B.  Hall,  I.  Hiushaw,  J.  C.  Hackett,  S.  W.  Her,  J.  Imbree  J.  Jones, 
J.  Johnson,  vS.  King,  F.  Ketchum,  H.  P.  Lock,  J.  Lowc-y,  J.  J  Louk,  J.  M.  Leigh, 
R.  W.  Morrison,  A.  Martin,  T.  Martin,  J.  W.  McNary,  J.  Monroe,  VV.  McCoy, 
T.  W.  McNeal,  J.  W.  Newman,  W.  Olds,  J.  M.  Owen,  B.  Osborne,  E.  Pyburn,  G.  W. 
-.\vburn,  E.  Peters,  J.  M.  Richie,  M.  S.  Riggs,  A.  B.  Robinson,  D.  H.  Smith, 
J.' Smith,  D.  Trinder,  S.Vanvcist,  P.  Weise,  J.Welch,  W.  H.  H.Walker,  C.Wright. 

Eleventh  Company,  (K). — Captain,  William  Shaw,  ist  Lt.  David  Crawford,  2d 
Lt.  Baptiste  Dorio,  ist  Sgt.  A.  M.  Smith,  2d  Sgt.  George  Laroque,  3d  Sgt.  Vatall 
Bergeron,  4th  Sgt.  G.  W.  Shaw,  5th  C.  McKay.  Privates,--].  IL  Bigler.O.  Crum, 
J.  Despeont,  C.  Edwards,  W.  Felix,  X.  Gervais,  A.  Heeber,  D.  Jones  P.  Jackson, 
S.  Kinzey,  A.  Laborain,  W.  Morrill,  W.  McMillen,  F.  M.  Mankis,  B.  F.  Nichols, 
J.  Pearson,  X.  Plante,  F.  Poiecer,  J.  Peares,  A.  Plants,  H.  Smead,  W.  Towie, 
E.  Viliell,  Geo.  Westley. 

Twelfth  Company. — Organized  at  Oregon  City,  March  8,  1848.  Captain,  J. M. 
Garrison,  ist  Lt.  A.  E.  Garrison,  2d  Lt.  John  Herren,  ist  Sgt.  J.  B.  Keizcr,  2d  .Sgt. 
P.  C.  Keizer,  3d  .Sgt.  Geo.  Crabtree,  4th  Sgt.  G.  Larocque,  5th  Sgt.  J.  Colster. 
Privates, — F.  Biernaisse,  V.  Berg^^ron,  T.  E.  Blair,  H.  Burden,  J.  C.  Cox.T.  Can^>e, 
J.  Despart,  F.  Fowler,  C.  M.  Grover,  D.  Herren,  J.  C.  Herren,  A.  Hubert,  I.  Ma- 
theny,  S.  P.  Pugh,  J.  Picard,  Z.  Plante,  W.  Philips,  A.  Sabowrain,  I.  Wood. 

Thirteenth  Company. — Captain,  Geo.  W.  Burnett,  ist.  Lt.  J.  R.  Bean,  2d  Lt. 
J.  R.  Payne,  Ord.  Sgt. Wm. Webb,  ist  Duty  Sgt.  C.  J  Payne,  2d  vSgt.  I-ranklin  Mar- 
tin, 3d  Sgt.  Nathan  Katan ,  4lh  vSgt.  Solomon  Richards.  Privates,—^].  J.  Rasson, 
P.  P.  Mulkcy,  Jas.  McGinnis,  Anderson  Smith,  J.  Peters,  S.  A.  Jackson,  A.  M,  Poe, 
R.  Arthur,  J.  Reynolds,  G.  A.  Previd,  D.Jones,  Wm.  Boung,  B.  Grounds,  J.  Sil- 
vester, \\.  T.  Ilendrick,  L.  W.  Moore,  John  Bolt,  Geo.  W.  White,  E.  Kitchen, 
J.  Luny,  C.  H.  Roundtree,  T.  Bayley,Wm.  McMullen,  L.  F.  Hembree,  Peter  Lewis, 
R.  Laughlin,  D.J.  Burnett,  M.  Martin,  J.  T.  Hembree,  W.  Stephens,  J.  Kirkpat- 
rick,  )•;.  Marsh,  J.  H.  Caton,  A.  T.  Loyd,  J.  Cosper,  A.  Wilks,  J.  Kelsey,  T.  Chop- 
son,  J.  Kitchen,  J.  Roberts,  Wm.  Linsey. 


1847 
-ni  of  enlist- 

R.  Doty,  2d 
pid  Weston, 
Privates, — 
Chambers'] 
1.  Delauey, 
arrel,  W.N. 
ide,  J.  ]Mon- 
.  S.  Pringle, 
n,  T.  Riggs, 
P.  Sheaffer, 
Whitley,  E. 

>.  Snook,  2d 
McCloskey, 
I.  Privates 
).  F.  Clark, 
,  D.  Culver, 
Earl,J.S.E. 
thrie,  M.  P. 
e  J.  Joues, 
f.  M.  Leigh, 
VV.  McCoy, 
•burn,  G.  W. 
.  IT.  Smith, 
r,  C.Wright. 

2rawfonl,  2d 
Sgt.  Vatall 
r,  O.  Crum, 
P.  Jackson, 
F.  Nichols, 
W.   Towie, 

aptain,  J.M. 
izcr,  2d  .Sgt. 
J.  Colster. 
x,T.  Canhe, 
bert,  I.  Ma- 
Vood. 

can,    2d  Lt. 

ankliu  Mar- 

J.   Rasson, 

A.  M.  Poe, 

iiids,   J.  Sil- 

K.   Kitchen, 

Peter  Lewis, 

J.  Kirkpat- 

!y,  T.  Chop- 


1847 


PROVISIONAL   GOVERNMENT. 


427 


The  following  company  was  organized  at  Fort  Wascopam,  to  oc- 
cupy that  place,  Feb.  7,  1848.  It  was  composed  of  men  from  different 
companies  of  the  regiment,  and  was  mustered  in  by  Ralph  Wilcox,  at 
that  time  adjutant  of  the  regiment. 

Fourteenth  Company.— Ca.ptn{n  John  E.  Ross,  1st  Lt.  D.  P.  Barnes,  2d  Lt.  Wm. 
W.  Porter,  Ord.  S^^t.  James  Winston,  ist  Duty  Sgt.  E.  J.  Crandall,  2d  Sgt.  J.  H. 
McMillen,  3d  Sgt.  J.  R.  Payne,  4th  Sj;t.  C.  Boles.  Privates,— II.  W.  Coe,  J.  B. 
Proctor,  N.  Olncy,  S.  Cummiugs,  A.  M.  Peak,  J.  Monroe,  Ben  Allen,  J.  Wilgamot, 
Thos.  Purvis,  H.  Karnahan,  P.  R.  Robinson,  J.  E  Alsop,  T.  Gregory,  Geo.  Wes- 
ley, J.  McCord,J.  Fuller,  C.  Richardson,  Sam.  Centley,  P.  Sanders,  J.  H.  Biglcr, 
J.  Keeney,  H.  Lcvalley,  W.  Melloway,  D.  Evarts,  J.  T.  Lassater,  H.  Davis, 
J.  Parkinson,  David  Jones. 

The  following  is  the  last  company  organized,  and  was  created 
through  the  exertion  of  Lt.  Col.  Lee,  who  was  also  Superintendent  of 
Indian  Affairs,  to  hold  Fort  Waters  until  (as  it  was  expected  it  would 
be)  relieved  by  regular  U.  S.  troops,  supposed  to  be  on  their  way  across 
the  plains. 

Fort  W.\thrs,  June  7,  1.S48. 

We,  the  undersigned  volunteers  in  the  First  Regiment  of  Oregon  Riflemen, 
hereby  obligate  ourselves  to  remain  at  Fort  Waters,  and  continue  in  the  service  of 
Oregon  Territory,  until  the  15th  day  of  September  next,  unless  sooner  removed  by 
recruits  or  by  the  troops  of  the  Unitf.d  StaX.cs,  provided,ii  fty  men  can  bo  obtained 
to  hold  the  above  named  fort  until  the  tiirie  specified  above.  In  witness  whereof 
we  hereunto  set  our  names  this  7th  day  of  June,  1848.  Election  of  officers  for 
company  connnanded  by  Captain  Martin,  in  command  of  this  post  until'  the  15th 
of  September,  unless  sooner  relieved  b^-  authority. 

Captain,  Wm.  Martin,  ist  Lt.  David  Weston,  2d  Lt.  B.  Taylor,  Ord.  Sgt.  M. 
C.  Chambers,  ist  Duty  Sgt.  W.  H.  Bradford,  2d  Sgt.  Ruben  Shively,  3d  Sgt.  Ed. 
Pyburn,  4th  Sgt.  William  Johnson.  Privates. — Wm.  Webb,  Jas.  Keller,  Jas.  H. 
Pearce,  Jackson  Reynolds,  Wm,  Tony,  A.  T.  Lloyd,  Thomas  Shrum,  Enoch  Wim- 
berly,  S.  Pcntly,  D.  Davis,  D.  Evertts,  R.  Evans,  S.  Bently,  J.  Sylvester,  —  Rom- 
ley,  T.  Riggs,  B.  Osburn,  G.  A.  Hartley,  W.  Wright,  C.  F.  Fullerton,  T.  Canbe, 
O.  Crum,T.T  Mulkcy,  A.Wilkes,  J.  Clayton,  J.Gand,  J.  Rucket.J.  Neal,  H.  B.Simp- 
kins,  T.  Warriner,  C.  P.  Matt,  W.  Shepard,  J.  Parkinson,  A.  Cerilice,  J.  Foster. 
J.  Kendall,  N.  A.  Pyburn,  A.  Lovengun,  J.  McBride,  G.  H.  Matick,  J.  Davis, 
Perin  B.  Whitman,  L.  C.  Richardson,  Charles  Klum,  H.  N.  Snead,  N.  Van  Toey, 
in  place  of  Wm.  Toney,  J.  T.  Duffield  in  place  of  A.  Wilkes,  C.  B.  Carr,  in  place 
of  J.  Reynolds. 

The  following  is  the  first  report  on  the  expenses  of  the  war.     It  will 

be  observed  that  there  are  not  so  many  companies  as  I  give  the  roll  of. 

The  reason  is  that  the  Captains  gave  returns  of  their  own  companies, 

but  not  of  the  detatched  companies  that  were  made  as  the   exigencies 

of  the  service  required. 

Adjutant  Gener.\l's  Oi'fice,        ) 
Oreoon  City,  Dec.  i,   1848. f 

Report  of  the  amount  due  the  several  companies  composing  the  First  Regi- 


li 


ik' 


428 


brown's  political,  history. 


1847 


ment  Oregon  Riflemen,  for  their  services  in  the  war  between  the  Territory  of  Ore- 
gon and  the  Cayuse  Indians  : 

Company  A,  Lawrence  Hall,    Captain $13,917  50 


B,  John  W.  Owens, 
C,H.  J,  G.  Maxon, 

D,  P.  F.  Thompson, 

E,  Levin  N.   English, 

F,  William   P.   Pugh, 

G,  Jas.  W.  Nesmith, 
H,  Geo.    v.  Burnett, 
I,    Williain  Martin, 
J,    Thomas  McKay, 
K,  William  Martin, 
L,   William  Shaw, 


11,663  00 

25.546-50 

16,213  00 

3)744  00 

6,228  00 

8,134  5" 
5,080  50 

9.4H7  50 

4,543  50 

2,926  50 

1 ,824  00 


Total --   _fio9,3ii  50 

ALBERT  E.  'WILSON, 

Assistant  Adjutant  General. 

Report  of  Commissary  and  Quartermaster  Generals,  showing  the 
total  amount  expended  in  the  Commissary,  Quartermaster  and  Ord- 
nance departments  in  the  war  between  the  Territory  of  Oregon  and  the 
Cayuse  Indians : 


Departmeut.  Dr. 

Total  amount  cash  received ■. $  2,8^5  02 

books  and  stationery 14488 

arms  and  repairs 1,319  60 

Indian  agency 20  00 

fort  account 136  59 

California  expedition 5,si  70 

ammunition 827  21 

campequipage 799  58 

transportation  5,220  S2 

disc't  on  gold,  loan  com.  5  50 

iiorseaccount '1927  00 

interest  to  D.  Waldo 2369 

subsistence 14,412  73 

merchandise .t.o6o  44 

saddlery 1,041  22 

smithrey    and    .saddlery 

making 732  63 


Total ^34.246  (.4 


Department  Cr. 

Total  am't  cash  paid  per  vouchers $  2,811  15 

stationery,  private  account...  i  12 

arms  and  repairing  854  35 

forage 683  92 

Indian  agency 254  iS 

medical  department 396  07 

cont'gt  ex.,  clerks,  rent,  etc...  1,139  °7 

California  expedition 4SS  82 

ammunition 15  25 

camp  equiiiage  .sold,  on  hand  100  00 

horse  acount 15,444  "o 

transportation 437  77 

prem.  on  cash  paid  sundries  73  86 

subsistence 2,947  41 

merchandise 4,256  08 

saddlery 1,211  05 

orders  on  loan  com.  No.  i  to 

267  inclusive 16,127  33 

commissary's  due  bills 5,301  00 

Total ?53.M.i  *'>4 


There  was  no  date  or  signature  to  the  above  report,  but  it  was  en- 
dorsed as  being  sent  to  Gov.  Abernethy,  consequently  is  a  true  report 
at  that  time.  Other  reports  will  be  presented  in  the  following  years  as 
the'^'^  occur. 


TRIAL  AND  EXECUTION  OF  THE  CAYUSE  MURDERERS. 

As  a  fit  closing  of  the  war,  we  give  the  trial  and  execution  of  the 
Cayuse  murderers  held  at  Oregon  City,  May  21,  1850,  which  is  copied 
from  the  Spectator  i^)ublished  at  that  time.  The  trial  was  not  held  for 
two  years  after  the  clo^e  of  the  war. 


il  f  ' 


1847 

»ry  < 

3f  Ore- 

317 

50 

563 

00 

546- 

50 

213 

00 

744 

00 

228 

00 

134  5<-> 

080 

50 

4H7 

50 

543 

50 

926 

50 

824 

00 

1847 


PROVISIONAI.   GOVERNMENT. 


429 


.3"  50 

eneral. 

iwing  the 
and  Ord- 
n  and  the 


Cr. 

$  2,811  15 

nt...  I  12 

854  35 

683  92 

254  iS 
396  07 

:lc...    1,1.^9  07 
4S«  82 

15  25 
laud       70G  00 
15,444  "0 
437  77 
iries        73  86 
...    2,947  41 
....   4,256  08 
...    1,211  05 
I  to 

.  i6,r27  3^ 

.      5,301    (X) 

§53,143  <'4 

t  was  en- 
le  report 
years  as 


RERS. 

)n  of  the 
is  copied 
t  held  for 


"Information  having  been  received  by  Gov.  Lane,  May  2cl,  that  the  Cayuse 
murderers  had  been  apprehended,  and  awaiting  his  arrival  at  The  Dalles,  he  went 
up  and  brought  them  down,  and  the  following  are  the  court  proceedings  ; 

District  Court  of  U.  S.^  His  honor,  Judge  O.  C.  Pratt,  presiding. 

Clackamas  Co.,  O.  T.  S  May  21,  1850. 

The  grand  jury  came  into  court  with  an  indictment  against  Telokite,  Tomahas, 
(or  the  murderer),  Clokomas,  Isiaasheluckas,  and  Kiama-sumkin.  The  Indians 
thus  indicted  were  brought  into  court,  and  the  indictment  was  read  in  their  hear- 
ing, and  its  contents  made  known  to  them  by  two  interpreters  appointed  for  that 
purpose.  The  court  assigned  K.  Pritchett,  Esq.,  Maj.  R.  B.  Reynolds,  U.  S.  A., 
and  Capt.  Thos.  Claiborne,  U.  S.  A.,  as  counsel  for  the  Indians.  Hon.  Amory  Hol- 
brook.  District  Attorney  of  the  U.  S. ,  on  behalf  of  the  people. 

The  court  directed  the  clerk  to  furnish  the  Indians,  through  their  counsel, 
with  a  copy  of  the  indictment,  and  the  witnesses  names  endorsed  thereon,  together 
with  a  list  of  the  petit  jury.  Also,  the  court  ordered  that  they  have  said  copies  two 
days  before  they  be  required  to  plead.     Court  adjourned. 

Wednesday,  May  22,  1850.  Court  convened.  The  counsel  in  behalf  of  the 
Indians  appeared  and  filed  a  '  plea  in  bar  of  jurisdiction'  which  was  verified  by  the 
affidavit  of  counsel.  The  District  Attorney  made  his  replication  to  the  foregoing 
plea  in  form.  The  substance  of  this  plea  was  that  at  the  time  of  the  massacre,  the 
laws  of  the  United  States  had  not  bfn  extended  over  the  Territory  of  Oregon. 
The  replication  to  the  plea  set  forth  that.'//  the  territory  west  of  the  Mississippi,  was 
by  the  act  of  1S44,  cmljraced  within  and  declared  to  be  Indian  Territory  ;  and  as 
such,  subject  to  the  Hws  regulating  intero.  urse  with  the  Indians;  an4  the  act  of 
1848,  erecting  a  Territorial  Government  for  ».Vegon,  gave  jurisdiction  to  this  court 
to  take  cognizance  of  the  offense.  His  bono  ,  the  Judge,  gave  a  labored  and  very 
lucid  opinion  on  the  whole  matter  ;  and  orf'cred  the  plea  overruled.  The  counsel 
for  the  Indians  entered  their  exceptions  to  this  decision.  The  court  demanded  of 
the  defendants  what  further  they  had  to  plead.  They  then  made  the  general  issue 
and  plead  'not  guilty.'  -A.  petition  was  then  presented  to  the  court  asking  a  change 
of  venue  to  Clark  county,  on  the  ground  of  public  excitement  in  this  county.  This 
petition  was  verified  by  the  affidavit  of  the  counsel  for  the  Indians.  Court  over- 
ruled the  application.  Two  new  indictments  were  handed  in  against  the  same 
persons,  one  for  the  murder  of  Mrs.  Whitman,  and  the  other  for  the  murder  of  Mrs. 
Saunders ;  and  the  same  proceedings  were  had,  and  orders  issued  as  in  the  case  of 
the  other  bill.     Court  adjourned. 

Thursday,  May  23.  Court  covened  ;  prisoners  at  the  bar.  Counsel  for  the  In- 
dians asked  for  a  continuance  of  the  case.  An  affidavit  was  filed,  which  being 
deemed  insufficient  it  was  denied  by  the  court.  The  jury  was  then  impanneled  and 
sworn.  Twenty  persons  having  been  peremptorily  challenged  by  the  counsel  for  the 
Indians,  and  two  by  the  District  Attorney.  The  District  .attorney  then  opened  the 
prosecution.     Witnesses  were  called  in  singly  into  court  and  examined. 

Mrs.  Eliza  Hall  I'eing  sworn  stated  that  she  was  residing  at  Dr.  Whitman's 
at  the  time  of  the  massacie  (Nov.  27,  1847I.  Hearing  the  reports  of  many  guns, 
she  went  to  the  door  of  the  Mansion  house,  and  saw  Telokite  strike  Dr.  Whitman 
three  times  with  a  hatchet, — the  blows  falling  on  and  about  the  Doctor's  face. 
They  were  in  the  back  yard,  about  six  feet  from  the  door.  The  two  houses  were 
about  one  hundred  yards  apart  and  witness  saw  and  recognized  Telokite  distinctly. 
Had  resided  there  three  moufas. 

Miss  Elizabeth  Sager,  being  sworn,  testified  that  she  was  residing  with  Dr. 


I'^n- 


430 


brown's   POLrlTICAI,  HISTORY. 


1847 


Whitman  on  the  27th  of  Nov.  1847,  and  was  then  about  ten  years  of  age.  Saw 
Dr.  Whitman  while  his  wounds  were  being  dressed  by  Mrs.  Hall  and  Mrs.  Whitman, 
and  at  the  same  time  Mrs.  Whitman  was  shot.  Saw  Dr.  Whitman  next  morning 
dead.  Saw  Isiaasheluckus  attack  and  shoot  Mr.  Saunders,  and  saw  Saunders  fall 
where  his  dead  body  was  found  next  morning.  Saw  Clokamas  next  day  with  a 
gun  which  he  pointed  at  her  sister,  perhaps  jocosely.  Had  lived  at  Dr.  Whitman's 
four  years.  There  were  many  sick  and  dying.  Dr.  Whitman  gave  medicine  to  the 
Indians. 

Mrs.  Lorinda  Chapman,  being  sworn,  testified  being  at  Dr.  Whitman's  on 
the  27th  of  Nov.  1847.  She  was  in  bed  sick  above  stairs.  Heard  loud  and  angry 
talking  in  the  kitchen,  and  recognized  the  speaker's  voice  distinctly  as  that  of 
Telokite.  Knew  his  voice  from  hearing  him  rehearse  for  Dr.  Whitman.  Heard 
guns  and  confusion  and  went  down  stairs,  and  there  saw  Dr.  Whitman  wounded  by 
a  cut  across  the  face.  Started  in  company  with  Mr.  Rogers  and  Mrs.  Whitman,  to 
go  to  the  Mansion  house,  and  at  the  door  Mr.  Rogers  and  Mrs.  Whitman  were  killed. 
Could  not  stir  with  alarm.  While  standing  there,  saw  the  four  prisoners  at  the  bar, 
armed,  recollects  them  distinctly.  Did  not  see  Telokite.  Dr.  Whitman  was  alive 
when  she  left.  Saw  the  Indians  rolling  his  dead  body  about  next  morning.  There 
were  many  sick  and  Dr.  Whitman  gave  medicine. 

Mr.  Josiah  Osborn,  being  sworn,  testified  that  he  was  at  Waiilatpu  on  Nov. 
27,  1S47,  was  sick  in  Dr.  Whitman's  house.  Pleard  guns  and  went  to  the  door  and 
saw  Mr.  Kimble  running  and  v.ounded,  retreated  inside  and  through  the  window 
saw  Tamahas  pursuing  Mr.  Saunders.  While  under  the  floor  with  his  family, 
heard  murder  going  on.  Dr.  Whitman  gave  some  medicine  to  both  whites  and 
Indians.  Mansion  house  door  was  three  feet  high  from  the  ground.  The  Indians 
knew  the  whites  died  as  well  as  themselves.  Dr.  W.,  was  anxious  as  to  his  safety, 
and  spoke  of  it  particularly  in  1845.  Docs  not  know  whether  the  Doctor  antici- 
pated immediate  danger. 

District  Attorney  here  said  he  would  call  no  more  witnesses  except  to  rebut 
testimony  in  the  defense. 

Dr.  John  McLoughlin,  being  sworn,  testified  that  he  had  warned  Dr.  W'hit- 
man  of  danger  in  1840  and   1841,  as  the  Indians  did  kill  their  own  medicine  men. 

Stickus  (  a  Cayuse  Indian),  called  and  through  two  interpreters,  testified  that 
Dr.  Whitman  left  his  lodge  on  the  Umatilla  the  day  before  the  massacre  to  go 
home,  and  after  the  Doctor  was  on  his  horse,  he  told  him  to  be  careful  for  the  bad 
Indians  would  kill  him.  The  Doctor  thanked  him  and  left.  Tomsukee  told 
Stickus  that  they  were  going  to  kill  Dr.  Whitman. 

Rev.  H.  H.  Spalding,  was  sworn,  testified  that  he  was  at  Stickus's  lodge 
with  Dr.  Whitman  and  had  similar  warnings,  and  the  next  day  after  the  massacre 
became  so  fearful  that  he  determined  to  go  home  to  the  Nez  Perce  country. 

Here  the  testimony  closed,  and  after  the  addresses  by  the  attorneys  the  court 
adjourned. 

Friday,  May  24.  Court  convened.  The  Judge  then  gave  his  charge  to  the 
jury  which  was  full  and  clear,  both  in  reference  to  the  law  and  testimony,  occupy- 
ing one  hour  and  ten  minutes.  The  jury  retired,  and  after  an  absence  of  one  hour 
and  fifteen  minutes,  returned  a  verdict,  that  they  were  guilty  as  charged.  Counsel 
for  the  Indians  moved  the  court  in  arrest  of  judgment — overruled.  A  new  trial 
was  moved — overruled.  The  court  after  recess,  sentenced  them  to  be  executed  by 
hanging  on  June  3,  1850. 


m' 


1847 


1847 


PROVISIONAL   GOVERNMENT. 


431 


age.  Saw 
.  Whitman, 
Kt  morning 
lunders  fall 
day  with  a 
Whitman's 
icine  to  the 

litman's  on 
and  angry 
y  as  that  of 
an.  Heard 
wounded  by 
l^hitman,  to 
were  killed, 
-s  at  the  bar, 
m  was  alive 
iug.     There 

;pu  on  Nov. 
he  door  and 
the  window 
his  family, 
whites  and 
The  Indians 
:o  his  safety, 
octor  antici- 

!pt  to  rebut 

Dr.  Whit- 
dicine  men. 

estified  that 

ssacre  to  go 

for  the  bad 

nsukee   told 

kus's  lodge 

lie  massacre 

itry. 

rs  the  court 

irge  to  the 
ny,  occupy 
of  one  hour 
Counsel 

A  new  trial 
executed  by 


These  Indians  made  the  following  confessions  a  short  time  after- 
wards and  before  the  execution  ;  Telokite  said  he  did  strike  Dr.  Whit- 
man with  his  hatchet  (tomahawk)  as  testified  to  by  Mrs.  Hall.  Tom- 
ohas,  or  The  Murderer,  admitted  that  he  shot  Doctor  Whitman. 
Isiaasheluckas,  confessed  to  have  shot  Mrs.  Whitman  ;  and  Clockamas 
the  smallest  of  the  five  admits  that  he  assisted  in  dispatching  young 
Sager.  Kiamasumkin  says  he  was  present,  but  took  no  part  in  the 
massacre. 

A  few  days  after  the  sentence  of  death  was  pas.sed  upon  these  Indi- 
an murderers,  Gov.  Lane  signed  the  death  warrant,  and  handed  it  to 
U.  S.  Marshal,  Joseph  L.  Meek.  Lane  then  resigned  his  office,  which 
left  the  Secretary  of  the  Territory,  Mr.  K.  Prichett  (oneof  the  Indian's 
counsels)  as  acting  Governor.  Mr.  Prichett  commenced  talking  about 
reprieving  them,  but  Meek  informed  him  that  he  had  the  warrant  and 
would  execute  them  as  sure  as  the  day  came  around.  This  firm  stand 
put  a  .stop  to  any  further  action  in  that  direction.  But  there  was  .some 
uneasiness  felt  that  the  Indians  might  attempt  to  rescue  thein  on  the 
day  of  execution,  and  hundreds  of  the  settlers  came  armed,  but  left 
their  guns  at  convenient  places,  and  appeared  unarmed  in  the  streets, 
so  as  not  to  create  any  suspicion  of  the  state  of  affairs.  The  execution 
passed  off  without  any  demonstration  whatever,  and  thus  closed  the 
last  act  of  the  Cayuse  war.  The  fate  of  the  principal  instigator  of  that 
bloody  massacre,  Joe  Lewis,  is  still  wrapped  in  mystery,  and  probably 
will  never  be  known,  but  that  he  met  the  fate  he  so  richly  deserved  is 
more  than  likely. 


Mr.  Burns  on  behalf  of  the  Loan  Commission  submitted  the  follow- 
ing report  : 

LOAN  COMMISSIONER'S  REPORT. 
To  the  Honorable  Legislative  Assembly  of  Oregon   Territory  : 

GentIvKMEN.  I  present  you  with  a  schedule  of  our  transactions  as  Loan  Com- 
missioners for  the  Territory.  In  accordance  with  our  duties  as  Loan  Commissioners, 
we  have  paid  over  with  the  exception  of  I42. 07,  all  moneys  and  available  means  to 
the  Commissary  General,  for  which  we  have  vouchers,  with  an  account  of  which 
you  are  now  presented.  It  will  be  found  upon  examination  that  we  issued  more 
bonds  than  we  have  vouchers,  to  meet  which  discrepancy  we  have  a  draft  for  Isoo 
on  Hamilton  Campbell,  .-\ggregate  amount  of  bonds  issued,  114,761.75  ;  aggregate 
amount  of  vouchers  for  Commissary  General,  $14,334.95  ;  leaving  a  balance  of 
$416.80.  To  meet  the  above,  we  have  balanced  in  Geo.  Abernethy's  books  to  our 
credit,  )j542.o7  ;  Rev.  Wm.  Roberts  draft  on  H.  Campbell,  $500,  leaving  a  balance 
in  our  favor  of  1:125.27.  The  §500  draft  above  alluded  to  is  a  draft  drawn  by  the 
Rev.  Wm.  Roberts  on  H.  Campbell,  to  the  order  of  the  Loan  Commissioners.  W. 
H.  Willson,  one  of  the  Board  took  charge  of  the  draft  to  present  to  Campbell.  The 


n 


!  H  i: 


432 


brown's  political  history. 


1847 


order  or  draft  was  presented,  but  for  what  cause  I  am  unable  to  state  to  your  hon- 
orable body,  neither  property  or  money  came  into  our  hands  as  payment  ;  but  I 
think  it  was  delivered  over  to  the  Commissary  General  by  Mr.  Campbell. 

On  the  2Sth  of  March  last,  the  Commissary  General  told  me  that  when  he  was 
at  The  Dalles,  it  became  necessary  for  him  to  take  wagons  and  oxen,  the  property 
of  Phelaster  and  Philemon  Lee,  to  the  amount  of  I250.  I  consented  to  give  bonds 
to  the  amount,  and  did  so,  but  in  a  few  days  I  was  called  upon  to  give  bonds  for  a 
very  large  amount.  I  refused  to  execute  bonds  to  them  until  I  could  see  the  other 
two  commissioners,  and  when  we  met  together  it  was  thought  best  not  to  give  any 
more. 

There  is  another  matter  I  wish  to  explain.  When  I  commenced  to  collect 
funds,  I  was  not  able  to  obtain  any  money,  except  orders  on  the  stores  in  Oregon 
City.  In  consequence  of  this,  it  was  impossible  for  the  Commissary  General  to 
obtain  articles  for  use  of  the  army.  He  told  me  he  could  not  get  axes  and  spades, 
and  these  article?  were  very  much  needed  to  make  roads  for  wagons  to  pass  up  the 
Columbia  river.  Philip  Foster  had  subscribed  $50,  to  be  paid  on  the  stores,  and 
John  B.  Price  $25,  to  be  paid  also  on  stores.  These  gentlemen  told  me  if  I  would 
give  them  twenty-five  per  cent,  premium,  they  would  let  me  have  cash,  I  told  them 
I  would  do  so,  Mr.  Foster  gave  me  I37.50  and  I  gave  him  a  bond  of  I50 ;  Mr. 
Price  gave  me  I18.75,  and  I  gave  him  a  bond  for  I25.  This  I  did  for  the  best,  but 
should  your  honorable  body  think  otherwise,  I  am  ready  to  pay  this  Government, 
out  of  my  own  funds  the  amount  of  premium  that  I  found  at  that  time  necessary. 
The  Commissary  General  or  his  agent,  A.  J.  Hembree,  obtained  a  loan  of  1196.50, 
from  Thos.  Justins,  for  which  they  agreed  to  get  him  a  bond  for  I216.35.  I  at  first 
refused  to  give  the  bond  for  the  amount,  but  the  Commissary  General  being  very 
much  in  need  of  cash,  upon  consideration,  sooner  than  the  money  should  be  re- 
turned, I  executed  the  bond  for  the  amount. 

All  bonds  issued  by  us  bear  interest  at  the  rate  of  ten  per  cent,  per  annum, 
and  are  signed  by  the  Governor  and  countersigned  by  the  Secretary  of  this  Terri- 
tory. All  books  and  papers  belonging  are  hereby  transmitted  for  your  examina- 
tion. Owing  to  the  resignation  of  Gen.  A.  h.  Lovejoy,  as  one  of  the  commissioners 
and  the  absence  of  W.  H.  Willson,  this  document  will  appear  with  but  one  signa- 
ture. HUGH  BURNS, 

Oregon  City,  Feb.  8,  1849.  Co>nniissioner. 


1847 


i847 


PROVISIONAL   GOVERNMENT. 


433 


our  lion- 
it ;   but  I 

m  he  was 
property 
ive  bouds 
luds  for  a 
the  other 
give  any 

to  collect 
u  Oregon 
■eneral  to 
d  spades, 
iss  up  the 
ores,  and 
f  I  would 
told  them 

|5o;  Mr. 

best,  but 
^ernment, 
lecessarj-. 
f  I196.50, 
I  at  first 
eiug  very 
lid  be  re- 

anuum, 
his  Terri- 
examina- 

issiouers 
ne  signa- 

S, 
sioner. 


General  Election  Returns  for  18^7. 


Candidates. 

Q 

a 
n 
K 

3 

u 

134 

III 

4 

0 

a* 
v> 

B 

73 
206 

5 

f    1 

5= 

a 

i 

n 

•1 

40 
9 

I 
»r 

10 

33 
I 

3 
47 

£ 

a" 
•• 
1 

122 
65 

■  87" 

B 

77 
74 

1 

"53 

s 

— 

1 
t 

1 

For  Governor.— 

CeorRe  Abernethy 

61     19 
2    20 

536 

520 

A.  Huesied 

ScatterincT 

3 

66 

7 
1074 

69 

99     . 
73 
43 
74 
36 
56 
44 
57 
67 
140 

Total  vote  cast 

2,(9 

69 

99 

73 
43 
74 
-,6 
5*5 
44 
57 

2S4 

49 

I'ot  Legislative  Kepreseiitatives. 

M.  Crawford 

S.  S.  White — . 

S.  Chase. 

1 

J.  M.  Wair.- - 

John  Fleming 

P.  (1.  Stewart-. 

Himni  Straight 

H.  Johnsoti 

67 

Robert  Newell 

•240 
246 
252 

179 
229 

I^ 
62 

20 

A.  Chamberlain  -_ . 

W.  n.  Kees __ 



25a 
179 
22g 

W.  H.  Rector 

—  I'eterson                         

2'i 

J.  S.  Smith - 

bi 

W    H    Burns      -        

20 

I,.  A.  Rice 

140 
85 
24 
97 

2 
25 

43 

'^5 

24 

97 

2 

A    T.  Ilembree      _          - 

J.  Davidson.                    

I^ewis  Rogers       -      -  

P.  Armstrong.      -          -        

C   U.  Ilewley                -     

25 
43 
39 
38 
32 
23 
22 

A.  I).  Smith - — 

H.  W.  Peers        ._           

39 

J.  W.  Nesmith.  —    —  

32 
23 

21 

3 

N.  A.  Ford 

W.  St.  Clare.      ._ 

J.  D.  Boon          

P.  O'Riely         ---               

3 
128 

J.  U.  Meek 

R.  Wilcox.              _              - 

123 
128 
102 

David  Hill 

102 

CoHiilv  Office)  s. — 
Sheriff.— 

A.  M.   Roe 

35 

35 

89 

31 

3 

194 

207 

40 

35 
38 

;i9 

' 

3' 

3 

J.  Kendall            

--- 

T>ea!iirer.— 

John  H.  Couch 

Daniel  Waldo 

194 

207 
40 

W.  P   Hujfhes                       —     

Isadore  Bernier ._ 

35 

A.   L.   Lewis 

3H 

...... 

N.  Ford.                                — -      

'8 

A.  Harvey                                     -- 

85 

85 

36 

190 
40 
29 

47 
iHr 

Clerk.- 

36 

Assessor. — 

E.  B.  Crawford 

M    Buck 

190 

40 
29 

J.  B.  McClaine 

47 
iSi 



S   C    Morris 

40 
21 

/ 
40 

40 
21 

C.  Ish 

H.  Hill 

7 
40 

3 
250 

ID 

T.B.Rogers -     -     --- 

T    Liggett 

3 

County  Jitsiires. — 

250 
16 

■■  ( i : 


[i't] 


434 


brown's  political  history. 


Auditor's    Refiort. 


1847 


Treasury  Departmknt,  Auditok's  oi'imck, 
Orec.o.n  City,  Dec.  7,  1847. 
Whole  nmount  of  warrnnts  drawn  upon  Treasury,  $3,242.08. 


For  the  relief  of  Fredrick  PriRg - 

"        "      A.  t,-  I.ovejov 

"      J.  W.  Nesmith 

"        "      estate  of  J.  Iv  I.onx--- - 

"      S;  \V.  Moss..-      ...     — 

"        "      postoflice  ilepartnieut 

'•        "      Hudson's  Hay  Company 

To  pay  of  unpaid  officers  of  the  hist  ((unrter 

"         "  legislature  of  Dec.  19,  1846 

"         "  judiciary  department 

"        "  executive  department 

"        "  Indian  department. 

"        "  contiUKent 

K.  M.  Knig'Hon.-- 

Special  account  cf  amount  due  Andrew  Ilembree 

Amount  drawn  under  appropriation  of  Dec.  iS,)6,  to  which  add 
tlic  amount  drawn  on  the  different  balances  of  apjiiopria 
tii'us  as  per  Treasurer's  report  of  (.lartcr  eiidiuK  Dec.  1846, 
towit  : 

For  pay  oflegislature 

juries 

Contingent  expenses  

Expenses    I  supreme  and  criminal  courts . 

Circuit  attornej- 

Superintendent  of  Indian  Affairs 


Ami  of  vouchers  drawn  from  No.  i  to  No.  50,  inclusive 

I.IAlUl-niES. 

The  fi>llowing  is  exhibit  in  Treasurer's  re,,drt  Dec.  9,  1846, 

Amount  due  Hudson's  Hay  Company  at  Oregon  City 

•  ollected  of  estate  of  Kwiug  Voung 

of  scrip  outstanding 


Amount 
.■^liproprt'd 

a  27  88 

34  2.S 
60  00 
150  00 
100  00 
116  0<J 
140  94 

494  «2 

1,000  00 

1,500  00 

300  00 

200  00 

100  00 

32  12 

226  75 


25  00 
54  9" 
43  79 
80  00 

136  13 
.so  00 


Amount 

ASSICTS. 

Following  are  items  of  assets  as  exhibited  in  the  Treasurer's 
report  of  Dec.  9,  1S46,  to-wit  : 

Anumnt  due  by  Geo.  Al)eniethy  &  Co.,  per  account 

"     John  II.  Couch 

■'  "     F.  W.  Pettygrovo 

"  "     Hudson's  Bay  Co.    (Vancouver.) 


Amount 

Am't  of  assessment  of  Territorial   revenue  Clackamas  county 
for  1S47  as  per  county  clerk's  report,  Nov.  1847 


Amount  of  assets 

RECAPITULATION. 

Amount  of  liabilities  per  Tiea's  report  qrt'r  ending  Dec.  1846 
For  warrants  drawn  for  fiscal  year 


Total. 
(Signed) 


G.  W.  BEU<. 


Amount 

Kxpende(f_ 

\    2788 

34  2.S 
60  00 

150   (X) 

100  00 
116  00 


888  60 

9^7  7.S 

3(jo  00 

I. SO  00 

41  19 

32  12 

226  75 


24  60 

9  34 

10  9,S 

^7,  65 
50  00 


Dr. 


140  94 
2, Sis  00 
1.475  92 


4,431  86 


4,431  86 
3.243  94 


7,674  94 


Am't  unex- 
pended. 


140  94 

494  »2 
III  40 
512  25 

50  00 
5881 


40 

45  .S6 

43  79 

69  03 

102  48 


Cr. 

3.243 

oS 

81 

.S4 

16 

92 

II 

27 

16 

42 

126 

15 

714 

10 

840 

25 

o 


1847 


ICK,       \ 

,   IH47-) 


Am't  unex- 
peiided. 


140 
404 

94 

a  2 

III 
512 

40 

25 

50 

58 

00 

81 

40 

45 

56 

43 

79 

69  05 

102 

4« 

Cr. 

3.243 

oS 

L' 


81 

Si 

16 

92 

II 

27 

16 

42 

126 

15 

714 

10 

840  25 


1847 


I'KOVISIONVX   GOVERNMENT. 
Treasurer's  /Report. 


435 


Ainouiit  of  scrip  issued  by  former  Treasurer J7.752  12 

myself.-- i.'5i  "7 


Malvinj;  ^kiss  iiniDiitit  isstieil-. 

Iroin  wliuli  .--.iiKi;!!!!  reiU'fiii'"(l  1)y  former  treasuret- 
Atiiouut  I  fdtL'iUfd  t)y  myself 


Makinx  Kross  amount  redeemed 

Leaving  llu'  aniDUiit  of  DulstaiKlinj;  scrip- 

l-'rom  whicli  take  aiiuiiint  of  funds  in  treasury- 


Whicli  leaves  amount  of  liabilities  iinprovided  for 

The  aniiiunt  of  ¥1,151.07  issued  by  me  was  as  follows  : 

Kor  auditor's  drafis 1 

I'"or  ten  percent,  on  I157.22  paid  by  R.  K.  Wiley. 

Amount  issued  in  making  clianne 

Amount  issued  to  Clackamas  countv  for  error  of  former  treasurer- 


Making  in  all 

The  amount  received  of  former  treasurer . 

"  "  "        absentee  tax  collected \ _-. 

"  "  "        licen.se  collected 

■'  "        scrip  issued ._ 

"  received  of  K.  '•'.  Wiley,  sheriff  Tualatin  county. 


.Amoutititip  in  all  to 

.\mo\inl  on  deposit  at  ('.eorse  \Viernethy 

Hudson's  l!ay  Company,. 

Killniru  A  Company.-.'--. 
Interest   paid 

Scri])  redeemed 

Ten  percent,  paid  R.  K.  Wiley  on  $157.22 

..\u(lUor's  draft.        . .     

Amount  paid  Clackamas  county,  error  in  license. 

Total 


8.903  '9 


4, '23  4f> 
43  72 


■1,^79  74 

550  00 

15  71 

i*<.s  36 

.(ix)  00 

l.l.Sl  07 
3.'*  63 
60  00 

70  00 
i.i.si  07 

1.57    22 


1,476  92 


CR. 


4.328  83 
450  yo 


4.779  73 


28  63 

10  00 
5  00 

■6  59 
450  90 

1=  70 
550  00 
400  00 


I, .176  92 


In  addition  to  the  foregoing,  and  as  a  part  of  the  same,  I  beg  leave  to  submit  the  former  treas- 
urer's report.  (Signed.)  W.  K.  KII.UrRN. 
Oregon  City,  Dec.  9,  1847.  By  N.  S.mith,  Vep.   Tras. 

Treasurer  of  Oregon  Territory  to  Sundries. 


To  l)alance 

To  license  collected 

To  taxes,  slierilT  Holmes  Clackamas  county - 
"     Martin,  Champooic  c  .utity-_ 

"  "     Baker,  Yamhill  <:ounty 

"  '■     Mulkey,  Tualatin  county 

"  "     Wiley,  Tualatin  county 

"  "    Jackson,  Vancouver  co.inty. 

"  ■'    Jackson,  I^ewis  county 

To  absentee  taxes  collected, 

To  scrip  issued. 


Total 

Sundries  to  Treasurer  Dr. 
By  scrip  paid 

To  auditor's  draft  (on  file) 

To  paid  estate  of  I,e  Breton 

Hudson's  Bay  Co.,  (Falls)  their  account 

"        interest  on  scrip 

treasurer's  (bill  on  file) 

To  balance  (funds  on  hand) 


''^'^'^^  -:r-:.r-zz""--—r----r^z:r---'-—--:-:zrT——-      4.504  47 


Dr. 


■*  39  53 

515 

00 

H5 

00 

1.13 

25 

20 

00 

27 

75 

120 

14 

165 

26 

HO 

S9 

34,S 

00 

2,912 

42 

4,504  42 

1.377 

61 

2.693 

oS 

/ 

29 

140  94 

43 

26 

203 

66 

3«  63 

Cr. 


4.504  42 


4.504  47 


(Signed.) 
Oregon  City,  Oct. 


15,   1847- 


JOHN  H.  COUCH. 

per  John  P.  Brooks. 


lii 


1848. 


President's  special,  message  on  Oregon  and  the  Indian  war  ;  passage 
OF  Oregon  bill;  President's  message  on  the  subject;  oekicep>- 
OK  Provisional  Government  ;  meeting  ok  the  legislature  ;  Gov- 
ernor's message  ;  election  of  territorial  officers  ;  discovery  of 
GOLD  IN  California  :  poetical  description  of  the  rush  to  the 
mines;  Oregon  mint;  cuts  of  the  "Beaver  Money;"  notes;  elec- 
tion  AND  official   returns. 


THE  3'ear  of  1S4S  was  not  ushered  in  by  ringing  of  bells,  salutes 
of  artillery  or  shouts  of  joy  by  the  people  of  Oregon.  Instead 
of  the  greetings  of  peace  and  good  will  to  all,  the  alarm  of  war 
was  sounded  on  all  sides.  It  was  known  that  all  the  Indian 
tribes  dwelling  on  the  east  side  of  the  Cascade  mountains  were  either 
in  open  hostility  or  sjanpathized  with  the  Cajnises,  restrained  only 
through  fear  caused  by  the  bold  and  energetic  action  of  the  small  army 
which  was  invading  their  country  to  punish  the  Cayuse  tribe  for  the 
murder  at  Whitman,  or  Waiilatpu  station.  In  the  Willamette  valley 
the  Indians  had  heard  of  the  war,  and  in  some  portions  of  it  there  was 
some  trouble,  with  strong  indications  of  more,  which  was  somewhat 
retarded  by  the  breaking  out  of  the  measles,  a  disease  not  necessarily 
fatal,  but  made  so  by  the  Indian  mode  of  treatment,  as  described  in 
note  on  page  318.  Whole  villages  were  swept  away,  and  the  death- 
song  could  be  heard  from  early  morn  till  late  at  night,  as  they  saw 
their  people  perishing  from  the  face  of  the  earth.  The  season  had 
been  mild  ;  the  sun  shone  warmly  and  brightly  overhead  ;  the  snows 
of  winter  scarcely  whitened  tlie  valley  ;  the  earth  was  robed  in  spring- 
time verdure  and  bespangled  with  wild  flowers  ;  Nature  looked  bright 
and  cheerful.  But  how  was  it  with  the  people  of  Oregon  ?  Their  con- 
dition w^as  not  such  that  they  could  enjoy  the  smiles  of  nature.  The 
American  portion  of  the  settlers  seemed  to  be  the  only  class  proscril)ed 
by  their  surrounding  foes.  The  other  portion,  the  Knglish  ( King 
George's  men),  in  more  than  one  sense  of  the  word  ' ,  .stron;^  as  the 
Americans,  could  traverse  the  country  without  hindr;in  :e  or  molesta- 
tation.     They  were  thought  by  a  great  many  to  look  on  with  indiffer- 


F 


i  \ 


1848 


PROVISIONAI,   GOVERNMENT. 


437 


I  ;  PASSAGE 
;  OKKICEP.'^ 
URE ;  Gov- 
5coverv  of 
;h   to   the 

TES  ;   ELEC- 


Us,  salutes 
.     Instead 
arm  of  war 
he   Indian 
vere  either 
ained  only 
mall  army 
-ibe  for  the 
ette  valley 
there  was 
somewhat 
necessarily 
:scribed  in 
the  death- 
s  they  saw 
eason   had 
the  sn->ws 
in  spring- 
ked  bright 
Their  con- 
ure.     The 
proscribed 
ish   (King 
m;;   as  the 
ir  molesta- 
h  indiffer- 


ence, even  if  they  did  not  covertly  render  the  Indians  assistance.  The 
boundarj'  question  had  been  settled  a  year  or  more,  still  the  mother 
government  had  not  recognized  or  ofiFered  to  relieve  or  defend  her  far- 
off  infant  colony  on  the  Pacific  coast.  The  cry  had  gone  Ibrtli  again 
and  again,  but  wa:,  still  unheard.  Cmgress  had  "nigget  on  the  brain" 
and  could  not  spare  the  time  to  assist  her  oppressed  colony.  Thus 
left  to  her  fate,  without  numerical  strength,  inadequately  supplied  with 
arms  and  munitions  of  war,  lacking  in  transportation  facilities,  food, 
and  everything  else  except  courage  and  indcmiitable  will,  the}'  carried 
on  a  war  to  a  successful  issue,  as  has  been  shown  in  the  previous 
chaDter. 

As  the  different  memorials  which  had  been  sent  to  congie.ss  previ- 
ously from  year  to  year  seemed  to  have  had  no  effect,  a  meeting  was 
held  in  Yamhill  county  to  di.scuss  the  propriety  of  electing  a  lelegateto 
go  to  Washington  to  urge  the  organization  of  a  tentorial  government, 
as  the  boundar}'  question  had  been  settled  ;  but  it  was  found  that  there 
would  not  be  sufficient  time  to  issue  notice  for  an  election  for  a  dele- 
gate to  take  the  journey  on  the  only  .ship  ':hat  would  soon  sail  on 
which  passage  could  be  secured,  and  it  was  impracticable  for  any  one 
to  cross  the  continent  at  that  sea.son  of  the  3'ear.  Then  there  was  no 
law  authorizing  th-  eltction  of  a  delegate,  and  the  subject  was  dropped. 
As  stated  on  page  300,  Hon.  J.  Quinn  Thornton  went  to  Washington, 
and  on  May  :?5,  1848,  handed  to  Senator  Benton  a  memorial  that  he 
had  drawn  up.  It  was  quite  long,  and  valuable  for  the  intbrmation  it 
contained,  but  .space  denies  me  the  pleasure  of  reproducing  it.  The 
reader  can,  however,  find  it  published  in  full  in  the  Pioneer  Proceed- 
ings. Mr.  Thornton  also  drafted  the  Oregon  land  law,  as  well  as  the  act 
organizing  the  territorial  government.  Th<=se  were  both  amended,  and 
the  land  law  did  not  pass  congress  until  the  next  year.  The  introduc- 
tion of  the  bill  to  organize  the  territory  of  Oregon  was  the  signal  for 
the  Southern  members  to  bring  forth  and  harp  upon  the  slavery  ques- 
tion, and  the  bitterness  and  narrow-mindedness  that  had  always  been 
displayed  by  the.se  sectional  partisans  in  regard  to  the  boundary  treaty 
was  now  renewed  and  enlarged  upon,  although  the  Mis.souri  com- 
promise, that  had  been  adopted  March  6,  1S20,  stated  that  in  all  the 
territory  lying  north  of  36°3o'  north  latitude  slavery  should  be  prohib- 
ited, and  Mr.  Calhoun  and  .several  other  vSouthern  senators  voted  for 
the  measure.  The  great  stumbling  block  was  the  section  in  the  or- 
ganic law  of  the  provisional  government  declaring  against  slavery, 
founded  on  the  ordinance  of  1787,  and  the  same  sentiment  copied  into 
the  territorial  organization  bill. 


. m 


438 


brown's    political    niSTORV 


I84S 


Mr.  Thornton,  who  was  present  in  Wasliington  at  that  time,  says  : 

At  every  session  of  congress  since  the  treaty  of  June  15,  1S46,  it  has  had  before 
it  one  or  more  hills  having  for  their  object  the  establishment  of  a  territorial  gov- 
ernment in  Oregon.  Hut  there  being  no  one  in  Washington  specially  chargcil 
with  the  duty  of  representing  the  interests  of  Oregon,  the  pro-slavery  element, 
which  has  ahvajs  dominated  congress  and  controlled  the  government  in  all  its  de- 
partments, continued  from  session  to  session  to  obstruct  any  action  .:vorable  to 
Oregon  ;  and  this  was  the  policy  the  leading  statesmen  of  the  South  had  adopted  as 
their  guide.  '  In  giving  shape  to  their  action  il  became  necessary  to  provide  gov- 
ernments for  the  itihaoitants  of  two  territories,  when  at  least  one  of  them  should 
have  slaverj-  as  a  counterjioisc  to  freedom  in  the  other.  Any  one  who  will  thought- 
fully read  the  debates  on  the  Oregon  bill,  as  reported  in  the  supplement  to  the 
Congressional  Olobe,  will  rise  from  that  reading  impressed  with  the  conviction 
that  the  great  battle  which  really  settled  the  future  of  American  s'.^very  was  during 
the  first  session  of  the  Thirtieth  Congress  on  the  field  of  the  Oregon  bill. 

Februarj'  9,  1S48,  Mr.  Smith,  of  Indiana,  from  the  committee  on 
territories,  introdnced  a  Inll  to  organize  a  territorial  government  in 
Oregon,  which  immediately  met  with  vindictive  hostility  from  most  of 
the  Southern  members,  among  whom  was  Mr.  Gayle,  of  Alabama,  who 
in  a  very  long  speech  objected  to  it  in  every  respect,  and  especially  to 
the  section  that  p.-ohibited  slavery,  fotnided  on  the  wishes  of  the  peo- 
ple, as  evinced  by  the  organic  law  of  the  provisional  government.  Btit 
he  was  met  by  men  of  eqtial  earnestness  on  the  other  side,  especially 
Mr.  Evvart,  of  Maine,  who  championed  the  bill  with  great  ability. 

It  is  hard  to  tell  what  wonld  have  been  the  fate  of  the  bill  if  it  had 
not  been  for  the  timely  arrival  of  Mr  Joseph  L.  Meek,  the  messenger 
from  Oregon,  and  the  sending  of  a  special  message  to  congress  by  the 
president,  thus  showing  the  al>soluie  necessity  of  immediate  action — 
/.  c,  as  fast  as  that  body  cotild  be  moved.     The  message  is  as  follows  : 

To  the  Senate  and  House  of  Representatives  of  the  United  States  : 

I  lay  before  congress  the  accompanying  memorial  and  papers,  which  have 
been  transmitted  to  mc  by  a  special  messenger  employed  by  tin-  Governor  and 
"  I,egislative  Assembly  of  Oregon  Territory,"  who  constitute  the  temporary  gov- 
ernment which  the  inhabitants  of  that  distant  region  of  our  country  have,  from 
the  necessity  of  their  condition,  organized  for  themselves.  The  memorialists  are 
citizens  of  the  United  vStates.  They  express  ardent  attachment  fi)r  their  native 
land,  and,  in  their  perilous  am'  distressed  .situation,  they  earnestly  invoke  the  aid 
:'.nd  protection  of  their  government.  Tlicy  represent  that  "  the  proud  and  power- 
ful tribes  of  Indians  "  residing  in  their  vicinity  have  recently  raiseil  "the  war- 
whoop  and  crimsoned  their  tonuihawks  in  the  blood  of  their  citizens"  ;  that  they 
apprehend  that  "many  of  the  powerful  tribes  inhabiting  the  upper  valley  of  the 
Columbia  have  formed  an  alliance  for  the  purpose  of  carrying  on  'Hostilities  against 
their  settkmenls  "  ;  that  the'  number  of  the  white  population  is  far  inferior  to 
that  of  the  savages  ;  that  they  are  deficient  in  arms  and  money,  and  that  they  do 
not  possess  strength  to  repel  the  attack  of  so  formidable  a  foe  and  protect  their 
families  and  property  from  violence  and  rapine."     They  coucUule  t^dr  appeal  to 


I84S 

me,  says  : 

;  had  before 
itorial  gov- 
lly  charged 
ry  element, 
11  all  its  de- 
avorable  to 

I  adopted  as 
rovidc  gov- 
lieni  should 
ill  thought- 
[lent  to  the 

conviction 
was  during 
11. 

niittee  on 
-iinitnt  in 
im  most  of 
)ama,  who 
aecially  to 
f  the  peo- 
lent.  But 
especially 
Mlity. 

II  if  it  had 
messenger 
ess  by  the 

action — 
IS  follows  ; 


which  have 

)vernor  and 

lorary  gov- 

have,  from 

orial'sts  are 

leir  native 

oke  the  aid 

md  power- 

"  the  war- 

,   that  Ihcy 

hIU'V  ol'  the 

ties  against 

inferior  to 

hat  they  do 

rotect  their 

appeal  to 


^1 


1848 


PROVISIONAL   GOVKRXMENT. 


4:^9 


the  government  of  the  United  States  for  relief  by  declaring  :  "  If  it  be  at  all  the 
intention  of  our  honored  parent  to  spread  her  guardian  wing  over  her  sons  and 
daughters  in  Oregon,  she  surely  will  not  refuse  to  do  it  now,  when  they  are  struggling 
with  all  the  ills  of  a  weak  and  tcinporarj-  government,  and  when  perils  are  daily 
thickening  around  them  and  preparing  to  burst  upon  their  heads.  When  the  en- 
suing summer's  sun  shall  have  dispelled  the  snow  from  the  mountains,  we  shall 
look  with  glowing  hope  and  restless  anxiety  for  the  coming  of  \-our  la.vs  and  your 
arms. ' ' 

In  my  message  of  the  fifth  of  August,  1S46,  communicating  "a  copy  of  the 
convention  of  the  Oregon  boundary,"  I  recommended  to  Congress  that  provisions 
ehould  be  made  by  law  at  the  earliest  practicable  period  for  the  organization  of  a 
Territorial  Government  in  Oregon."  In  my  annual  message  of  December,  1846, 
and  again  in  December,  1.S47,  that  recommendation  was  repeated.  The  population 
of  Oregon  is  believed  to  exceed  12,000  souls,  and  it  is  known  that  it  will  be  in- 
creased by  a  large  immber  of  emigrants  during  the  present  season.  The  facts  set 
forth  in  the  accompanying  memorial  and  papers  show  that  the  dangers  to  which 
our  fellow-citi/.cns  are  exposed  are  so  imminent  that  I  deem  it  to  be  my  duty 
again  to  impress  on  Congress  the  strong  claim  which  the  inhabitants  of  thai  dis- 
tant country  have  to  the  benefits  of  our  laws  and  the  protection  of  our  government. 
I  therefore  again  invite  the  attention  of  Congress  to  the  subject,  and  recommend 
that  laws  be  promptly  passed  establishing  a  Territorial  Government,  and  granting 
authority  to  raise  an  adequate  volunteer  force  for  the  defense  and  protection  of  its 
inhabitants.  It  is  believed  that  a  regiment  of  mounted  men,  with  such  additional 
force  as  may  he  rai.sed  in  Oregon,  will  be  sufficient  to  afford  the  required  protec- 
tion. It  is  recommended  that  the  forces  raised  for  this  purpose  should  be  engaged 
to  serve  twelve  months,  unless  sooner  discharged.  No  doubt  is  entertained,  with 
proper  incucements  in  land  botintics,  such  a  force  can  be  raised  in  a  short 
time.  Upon  the  expiration  of  their  services  many  of  them  will  doubtless  desire  to 
remain  in  the  country  and  settle  upon  the  land  which  they  may  receive  as  bounty. 
It  is  deemed  important  that  provisicMis  be  made  for  the  appointment  of  a  suit- 
able number  of  Indian  agents  to  reside  among  the  various  tribes  in  Oregon,  and 
that  appropriations  be  made  to  enable  them  to  treat  with  the  tribes,  with  a  view  to 
restore  and  preserve  peace  between  them  and  the  white  inhabitants.  Should  the 
laws  recommended  be  promptly  passed,  the  measures  for  their  execution  may  be 
completed  during  the  present  season,  and  before  the  severity  of  winter  will  inter- 
pose oljstacles  in  crossing  the  Rock}^  mountains.  If  not  promptly  passed,  a  de- 
lay of  another  year  will  be  the  consequence,  and  may  prove  disastrous  to  the  white 
settlements  in  Oregon.  JAMES  K.   POLK. 

W.vsniNOTON,  May  29,  1S4S. 

After  the  bill  passed  the  House  it  was  sent  to  the  Senate.  In  the 
meantime  the  Senate  committee  on  territories  had  reported  a  bill  and 
were  discussing  the  same  with  a  great  deal  of  heat  on  the  section  in 
regard  to  slavery,  the  South  claiming  congress  had  no  right  to  legis- 
late slavery  out  of  the  territory,  which  could  only  be  .settled  by  the  peo- 
ple themselves  when  tlie_\-  organized  a  state  government.  The  North- 
ern members  claimed  that  the  ordinance  of  1787  and  the  Missouri  com- 
promise of  1S20  had  settled  the  question,  and  congress  could  not  legis- 
late slavery'   into  any  territory  north   of  36^30'  without  repealing  the 


440 


brown's  poutical  history. 


1848 


mv'- 


compromise,  and  that  if  a  master  carried  a  slave  into  that  territory  he 
would  become  free.  During  the  debate  Mr.  Jefferson  Davis  offered  the 
following,  to  go  at  the  close  of  the  bill : 

Resolved,  That  nothing  contained  in  this  act  shall  he  so  construed  as  to  au- 
thorize the  prohibition  of  domestic  slavery  in  said  territory  while  it  remains  in  the 
condition  of  a  territory  of  the  United  States. 

Mr.  Hale,  of  New  Hampshire,  then  said  he  thought  the  proper 
course  would  be  to  take  the  question  on  the  amendment  that  he  had 
offered  and  withdrawn,  and  said  he  would  move  it  when  the  bill  again 
came  up.     The  following  is  the  amendment : 

That  the  inhabitants  of  said  territory  shall  be  entitled  to  enjoy  all  and  singular 
the  rights,  privileges  and  advantages  granted  and  secured  to  the  people  of  the 
tenitory  of  the  I'nited  vStates  northwest  of  the  river  Ohio  by  the  articles  of  com- 
pact contained  in  the  ordinance  for  the  government  of  said  territory  on  the  13th 
day  of  July,  1787;  and  shall  be  subject  to  all  the  conditions  and  restrictions  and 
prohibitions  in  said  articles  of  compact,  imposed  upon  said  people  of  said  territory  ; 
and  the  existing  laws  now  in  force  in  the  Territory  of  Oregon,  under  the  authority 
of  the  provisional  government  established  by  the  people  thereof,  and  shall  continue 
to  be  valid  and  operative  therein,  so  far  as  the  same  is  not  incompatible  with  the 
principles  and  provisions  of  this  act;  subject,  nevertheless,  to  be  altered,  modified 
or  repealed  by  the  Governor  or  Legislative  Assembly  of  the  said  Territory  of 
Oregon  ;  and  the  laws  of  the  United  States  are  hereby  extended  over  and  declared 
to  be  in  force  in  said  Territory,  so  far  as  the  same,  or  any  provisions  thereof,  may 
be  applicable. 

When  the  bill  came  up  for  consideration  again  Mr.  Bright,  of  Indi- 
ana, offered  the  following  amendinent  to  section  twelve.  This  amend- 
ment was  bottomed  on  the  Missouri  compromise. 

And  be  it  further  enactcii,  That  in  all  the  territories  owned  by  the  United 
States,  including  Oregon,  New  Mexico  and  Upper  California,  which  lie  north  of  36°3o'' 
north  latitude,  sla>.ery  and  involuntary  servitude,  otherwise  than  in  the  punish- 
ment of  crimes,  whereof  the  ]:arties  shall  have  been  duly  convicted,  shall  be  and 
is  hereby  forever  prohibited  ;  provided  al'vays,  that  any  person  escaping  into  the 
same,  whose  labor  or  service  is  lawfully  claimed  in  any  State  or  Tenitory  of  the 
Uniten  States,  such  fugitive  may  be  lawfully  reclaimed  and  conveyed  to  the  per- 
son claiming  his  t>r  her  labor  as  aforesaid. 

Mr.  Calhoun  made  a  vigorous  protest  against  l>oth  of  the  above 
resolutions,  and  especially  against  the  latter.  Among  other  remarks 
he  said  : 

He  admitted  that  congress  had  power.  Whence  was  it  acquired  ?  It  apper- 
tains to  the  power  of  acc|uiring  territory.  It  is  involved  in,  embraced  in,  the  power 
of  acquisition.  Thar,  we  have  the  power  of  ac(juiring  territory  he  admitted.  It 
belonged  to  the  war  power.  If  any  citizen  differed  with  him  as  to  the  origin  of 
the  power  it  was  of  no  consequence.  But  it  is  the  sole  power  in  the  territories.  It 
is  not  an  absolute  power.     It  docs  not   follow   that  absolute  power  is   exclusive 


1848 


PROVISIONAL   GOVERNMENT. 


441 


poner,  therefore  excluHive  power  is  not  absolute  power.  The  power  of  congrsss  is 
not  absolute  in  the  territories.  It  is  limited.  Wc  tire  trustees  to  adtniuister  the 
benefits  of  government  to  the  territories.  .\11  trust  powers  are  limited  by  the 
nature  and  object  of  the  trust.  To  whom  docs  the  property  belong;  ?  To  the 
United  States.  Who  are  the  United  States?  The  States  in  their  sovereign  and  in- 
dependent character.  There  is  no  right  in  the  government  of  the  Uuiteil  States  to 
make  a  discrimination  between  the  citizens  of  oncvState  and  those  of  another." 

Mr.  Underwood,  of  Keiittxcky,  proposed  to  add  the  following  to 
Bright's  amendment : 

^'  Provided  further^  That  the  citizens  of  the  United  States  emigrating  with 
their  slaves,  into  any  of  the  Territories  of  the  United  States  south  of  said  parallel 
of  latitude,  shall  be  protected  in  their  property  in  their  slaves  so  long  as  the  Ter- 
ritory to  which  they  immigrate  continues  under  a  Territorial  government." 

The  disctission  grew  warmer  everj-  succeeding  day,  and  it  became 
apparent  that  it  was  determined  to  settle  the  question,  if  possible,  per- 
manently.    Mr.  Mason  said  : 

"The  people  of  Oregon  had  undertaken  to  pass  laws  pur.  I  y  conventional  and 
without  authority,  among  which  is  the  law  prohibiting  involuntary  servitude  in  the 
Territory,  or  in  other  words  prohil.nling  the  introduction  of  slavt  ry  into  that  Ter- 
ritory. It  becomes  us  to  uncover  and  defeat  it.  <  )ur  object  sh>)uld  be  to  defeat 
the  recommendation  of  the  committee.  The  ordinance  of  17S7  was  a  compact 
formed  between  the  United  States  (government  and  tbt  i)et)ple  in  jiosscssion  of  the 
Northwest  Territory,  Vieforc  tlie  Constitution  was  tormcd.  The  history  of  the  or- 
dinance is  shrouded  in  secrecy  as  the  journals  were  never  made  public.  *  * 
The  first  slaves  were  brought  to  Virginia  in  1620  by  a  Dutch  vessel,  and  were  sold 
as  merchandise  ;  and  this  was  done  witli  the  knowledge  and  consent  of  the  British 
crown.  This  proves  that  it  requires  no  special  legislation  to  institute  slavery,  but 
it  must  require  a  special  law  to  aljolish  it.  Tlierc  was  no  law  originating  under  the 
present  Constitution,  until  1820,  which  interfered  with  the  right  of  the  owner  of  a 
slave  to  earn'  his  property  with  him  into  any  State  of  the  Union.  Congress  has 
never  undertaken  anything  more  than  to  regulate  the  subject  in  the  admission  of 
any  new  Territory." 

Mr.  Jefferson   Davis  said  : 

"As  tr  the  introduction  of  .slavery  into  (Oregon,  no  southern  Senator  had  ever 
asked  it.  The  fact  that  the  slave  is  property,  which  its  owner  may  carry  with  him 
into  any  part  of  the  Union,  was  whai  they  were  desirous  of  seeing  recognized.  H€ 
spoke  depreciatingly  of  the  persons  wlit;  had  assumed  in  <;)regoii  tl'  '     to  make 

laws  for  the  Territory,  conten<liug  that   'he\  were  witjaont  qua),  !i-  ?i  ,  the 

task.  They  were  far  inferior  in  intelliirt^ice,  in  morals,  and  in  persoual  wealth,  to 
the  population  Iving  south  of  the  Oregon  boundary.  »  *  *  3,-^  \{  rjothing, 
woukl  satisfy  the  North  short  of  the  desirucMo:  f  thi-  -  itution,  tiiei  was  the 
time  for  dissolution  come;   but:  let  us  aewirati  ;dwithi  goot  feelings 

towards  ca'^h  other.      Let  not  the  hattleffleldb  o*   -six  isamury  be  =•  ''!the 

blood  of  brother  tightmg  agaiusi.  brother  " 


m 


Mr.  Clavton,  of  Deiawar*^.  -ssiid  a:  it  secm*- 


~  the 


vm 


442 


ukown's  political  history 


1848 


Northern  and  Southern  ^lenators  to  agree,  he  proposed  and  moved  that 
the  subject  be  reccr.ini'.icted  to  a  coniniittce  of  eight  members  to  be  ap- 
pointed by  ballot,  four  to  be  selected  from  the  North  and  four  from  the 
South,  and  if  nothing  can  be  t^ffected  after  the  committee  reported  at 
this  session,  to  transact  the  ordinary  business  and  go  home. 

The  next  daj-  the  resolution  was  adopted  and  the  following  were 
chosen  :  Mr.  Clayton,  of  Delaware,  chairman.  Bright,  of  Indiana, 
Calhoun,  of  South  Carolina,  Clark,  of  Rhode  I.sland,  Atchison,  of 
Missouri,  Phelps,  of  Virginia,  Dickin.son,  of  New  York,  Underwood, 
of  Kentucky.  Five  days  afttrw.-irds  the  committee  presented  a  bill  as 
a  select  committee  on  Territories  to  organize  the  territories  of  Oregon, 
California,  and  New  Mexico,  and  contained  thirty -six  sections,  the  first 
twenty  to  Oregon  alone.  Mr.  Clayton  said  that  the  committee  had 
worked  hard  and  endeavored  to  be  as  harmonious  as  possible  : 

"  Tlie  1 2th  section  in  the  bill  reported,  is  similar  to  that  reported  liy  the  ft)rmer 
committee  on  Territories  with  some  sli>^ht  modification.  The  second  rendered 
valid  the  laws  now  in  force  in  Oregon,  subject  to  change  by  the  legislative  body  of 
the  Territory,  if  not  incompatible  with  the  Constitution  qf  the  United  States.  Ore- 
gon to  send  one  Delegate  to  Congress.  Such  power  is  not  conferred  on  New  Mex- 
ico and  California.  In  the  committee  all  other  mixles  of  compromise  entirely  failed. 
The  compromise  line  of  36°  30'  was  voted  down  in  committee,  in  every  form  it 
could  be  offered.  To  show  how  this  line  would  have  operated,  he  referred  to  a  re- 
turn from  the  Cowimissioner  of  the  (Teneral  Land  office,  giving  tlie  superficies  of 
the  new  .States  and  Territories.  Lying  north  of  latitude  36°  30',  there  are  1,599,240 
square  miles,  or  1,023,315,080  acres  ;  south  of  latitude  36°  30',  there  is  only  262,729 
squart  miles,  168,146,560  acres  ;  so  that  the  territory  norili  ol  the  line  will  be  four 
times  as  much  as  the  territory  south  of  it.  Some  members  proposed  as  a  basis  the 
compromise  line  of  36°  30' ;  but  it  was  opposed.  He  felt  himself  standing  between 
North  and  South,  and  standing  ready  to  conciliate  1)etween  both.  The  area  about 
as  large  as  that  of  one-third  of  all  Europe,  and  capable  of  sustaining,  sooner  or 
later,  the  population  of  a  mighty  empire." 

Mr.  IMiller,  of  New  Jersey,  slated  his  objections  to  the  triple  alliance  with  the 
two  new  Territ<jries.  "  These  new  Territories  were  scarcely  a  month  old  with  the 
Territory  of  Oregon,  Oregon  was  a  native  born  Territorv,  and  why  was  she  in  out- 
set brcnight  into  such  connection  ?  He  understood  the  character  of  the  people  of 
Oregon,  who  were  mostly  emigrants  from  our  own  States,  but  he  did  nut  know  the 
character  of  the  prople  of  California  and  New  Mexico.  He  was  prepared  to  give 
assent  to  a  governmeit  for  the  former,  but  not  prepared  to  give  a  government  to 
the  oihers.  *     '     There  was  a  sort  of  an  understanding  that  Tex.-is.ind  Oregon 

should  be  admitted  together — Oregon  as  a  free,  Texas  as  a  slave  State.  Texas  was 
admitted,  and  Oregon  was  kept  knocking  at  ourdoors  until  arrangements  could  be 
matured  for  admitting  her  on  the  same  footing." 


After  several  days  debate,  the  liill  passed  the  Senate  July  27th  t'fter 
a  continuous  .session  of  twenty-one  hours.  The  House  very  promptly 
laid  th4-  bill  on  the  table  by  a  vote  of  112  to  97,  and  there  it  died. 


1848 


IS48 


PROVISIONAL   GOVERNMKNT. 


443 


ivedthat 
to  he  ap- 
from  the 
)orted  at 


ing  were 
Indiana, 
lison,  of 
lerwood, 
a  bill  as 
Oregon, 
,  the  first 
ittee  had 


the  former 
1  reiidored 
ve  body  of 
tales.  Ore- 
New  Mex- 
rely  failed. 
jry  form  it 
red  to  a  re- 
oerficies  of 
e  1,599,240 
'y  262,729 
11  l)e  four 
basis  the 
g  between 
irea  about 
sooner  or 

with  tiie 
d  with  the 
she  in  out- 

l)eo]3le  of 
know  the 
td  to  give 
'riinuMit  to 
nd  Ore.i^ou 
Texas  was 
Is  could  be 


7th  ;'fter 
promptly 
ied. 


The  House  Ijill  was  received  in  the  Senate,  August  3,  1848,  and 
after  some  disctission,  Mr.  Badger,  of  North  Carolina,  moved  that  the 
bill  be  indefinitely  postponed,  and  a  vote  being  taken  resulted,  yeas  i, 
nays  47.  It  was  then  referred  to  the  committee  on  Territories.  Mr. 
Douglas  reported  the  bill  back  to  the  Senate,  and  it  was  immediately 
met  with  the  usual  hostility,  especially  in  regard  to  the  slavery  section. 
Mr.  Butler,  of  South  Carolina,  said  : 

"That  the  establish  v-cnt  of  governments  in  the  Territories  of  California  .  nd 
New  INIcxico,  ought  to  have  been  embraced  in  this  Oregon  bill.  He  ilisapproved 
of  this  policy  of  giving  special  protection  to  the  Territories  north  of  the  Missouri 
Hue  of  compromise,  and  giving  to  the  North  all  that  valuable  portion  of  the  I'nion. 
*  *  *  jjg  would  tell  the  Senate  that  his  advice  to  the  constituents  would  be 
to  goto  these  new  Territories  with  arms  in  their  hands,  to  go  as  armed  comnumi- 
ties,  and  take  possession  of  the  lauds  which  they  had  helped  to  actjuirc,  and  see 
who  would  attempt  to  dispossess  them.  Would  the  military  force  of  the  United 
States  shoot  down  the  plowman  at  his  plow  ?  So  help  him  God,  he  would  so  ad- 
vise his  constituents,  to  take  with  them  their  property  there,  and  settle  at  all 
hazards." 

Mr.  Calhoun  was  the  acknowledged  leader  of  the  Southern  Sena- 
tors, the  keenest  and  most  subtle,  and  looked  to  for  their  policy  of  ac- 
tion.    Speaking  of  the  dissolution  of  the  Union,  he  said  : 

"He  believed,  if  the  great  struggle  should  come,  the  calamity  will  not  fall 
the  heaviest  on  the  South.  In  the  North,  the  divisions  were  so  numerous  as  to  keep 
the  people  distracted  and  disunited.  While  in  the  South  all  were  united.  He  ad- 
mitted that  the  vSouth  was  poor  in  comparison  with  the  North  ;  but  if  slaveiy  had 
impoverished  the  South,  had  it  impoverished  the  North  ?  Slavery  had  benefitted 
all  mankind — all  countries  but  the  South.  Slavery  like  the  waters  of  the  Nile,  had 
spread  its  fertilizing  influences  over  all  the  world.  It  had  benefitted  all  but  the 
Southern  plaiUer,who  had  been  the  tutor,  the  friend,  as  well  as  the  master  of  the 
slave,  and  had  raised  him  up  to  civilization.  And  the  South  had  made  great  con- 
cessions to  the  North  for  the  purpose  of  cementing  the  Union." 

Mr.  Webster,  of  Massachusetts,  said  : 

"  He  (Uily  spoke  for  himself,  he  diil  not  speak  for  the  North.  He  did  not  know 
what  the  North  is,  or  where  the  North  is.  He  had  been  among  the  earliest  to  op- 
pose the  acquisition  of  tbreign  territory.  He  was  not  apprehensive  of  disunion. 
He  never  contemplated  its  possibilities.  He  was  not  one  of  those  who  accustomed 
themselves  to  speak  of  such  a  contingency.  He  believed  there  was  a  disposition 
everywhere  tiJ  support  the  Union,  and  that  five  out  of  six  of  our  citizens  would 
be  glad  to  give  back  the  new  Territories  we  had  acquired." 

Mr.  Foote,  moved  that  the  bill  be  laid  on  the  table,  j-eas,  15,  nays, 
36.  Various  amendments  were  offered;  some  withdrawn  and  others 
voted  down,  and  the  debate  became  very  general,  and  finally  passed  at 
12  (/clock,  midnight,  Aug.  loth,  1848,  and  the  next  day  was  brought 
up  in  the  House  for  concurrence  to  the  Senate's  amendments,  in  which 


-u:> 


:M! 


yy  ■ 


I'  ■    !  S  ■ 


444 


brown's  political  history. 


1848 


the  House  voted  down  every  amendment  proposed  by  the  Senate,  and 
that  body  was  so  informed.  When  the  bill  again  came  up  in  the  Sen- 
ate, Mr.  Renton  moved  that  the  Senate  recede  from  its  amendmetits. 
Mr.  Mason  moved  that  the  bill  and  amendments  lay  on  the  table,  yeas, 
18,  nays,  32.     Mr.  Benton  renewed  his  motion  to  recede  and  said  : 

"  Froui  tlie  first  he  had  been  opposed  to  clogging  Oregon  with  California.  lie 
wished  to  see  Oregon  go  through  herself.  When  the  subject  was  referred  to  a  select 
conunittce  of  eight,  a  bill  had  been  brought  in,  constructed  for  the  purpose  of  con- 
ciliaLingdifference  of  feelings.  He  had  not  approved  of  that  bill  ;  but  he  had  always 
determined  to  vote  for  it.  He  had  not  impeded  its  progress  by  interposing  a  single 
word.  He  gave  his  vote  for  it,  while  he  disapproved  of  it  at  the  same  time.  Then 
there  came  up  the  adjustment  on  the  parallel  line  of  36°  ;,o'.  He  was  extremely 
reluctant  to  vote  for  that  measure.  Oregon  was  400  miles  distant  from  the  nearest, 
and  nearly  a  1,000  miles  from  the  remotest  point  of  California  ;  and  there  was  no 
rule  which  applied  equally  to  both.  Still  he  had  voted  for  that  bill,  in  order  to  put 
an  end  to  the  question  ;  and  on  similar  grounds  he  had  given  his  vote  for  the  Ore- 
gon bill.  That  bill  had  been  sent  to  the  House,  and  had  been  returned  from  the 
House  with  the  Missouri  Compromise  stricken  out.  He  thought  he  had  done 
enough  to  secure  concilation  and  compromise,  he  had  done  enough  when  he 
consented  to  attach  California  to  Oregon.  Oregon  was  now  in  a  deplorable 
condition.  A  few  years  ago  we  were  ready  to  fight  all  the  world  to  get  posses- 
sion of  her ;  and  now  we  were  just  as  willing  to  throw  her  away  as  we  were 
then  to  risk  everything  for  her  possession.  She  is  left  without  a  government, 
without  laws,  while  at  this  moment  she  is  engaged  in  a  war  with  the  Indians. 
There  were  i2,cxx)or  i5,o<30  persons  settled  there  who  had  claims  on  our  protection. 
She  was  3,000  miles  from  the  metropolitan  seat  of  government.  And  yet  although 
she  had  set  up  a  provisional  government  for  herself,  and  this  provisional  govern- 
ment had  taken  on  itself  the  enactment  of  laws,  it  is  left  to  the  will  of  every  indi- 
vidual to  determine  for  himself  whether  he  will  obey  those  laws  or  not.  She  has 
now  reached  a  point  beyond  which  she  can  exist  no  longer.  .She  can  work  along 
no  further.  The  war  hereafter  will  not  be  between  whites  and  Indians  ;  it  will  be 
a  conflict  between  whites  and  whites.  It  will  become  necessary  that  every  dispute 
shall  be  settled  by  a  resort  to  arms.  Can  this  Senate  satisfy  itself  that  it  will  have 
performed  its  duty,  while  it  sits  with  folded  arms,  and  declines  to  do  anything? 
It  is  a  duty,  solemn  obligation,  enforced  by  the  awful  solemnity  of  our  oaths, 
which  we  cannot  avoid  without  a  violation  of  that  duty.  He  held  it  to  i)e  our 
bounden  duty  to  provide  a  government  for  Oregon  ;  and  he  would  not,  so  far  as  he 
was  able,  permit  the  bill  to  establish  that  government,  by  putting  a  weight  of  ex- 
traneous matter  on  it,  to  sink  it  down.  Florida  had  been  permitted  to  come  into 
the  Union,  notwithstanding  the  slavery  question.  He  had  been  taunted  in  debate 
with  having  relaxed  his  zeal  for  Oregon  at  one  time,  and  increasing  it  at  this  time. 
For  thirty  years  he  had  itrged  the  claims  of  Oregon,  and  with  equal  zeal  he  urged 
them  now.  He  reminded  the  Senate  of  a  letter  which  he  wrote  a  year  and  a  half 
ago,  in  which  he  had  treated  of  the  scheme  formed  for  keeping  Oregon  out  of  the 
I'nion. 

This  motion  of  Mr.  Benton's  was  violently  opposed  by  Calhoun, 
Barrien.  Mason,  Butler  and  Turney,  while  Senator  Houston  wartuly 
supported  it.     Senator  Foote  stated  he  could  speak  two  entire  days  and 


1848 


1848 


PROVISIONAL   GOVERNMENT. 


445 


nights  without  any  great  inconvenience  to  himself.  The  debate  was 
continued  until  after  9  o'clock  A.  m.,  Sunday  morning,  and  was  closed 
with  a  speech  by  Mr.  Foote,  and  a  vote  being  taken  after  all  the  amend- 
ments were  receded  from,  the  1)ill  passed  as  a  law  at  9.30,  a.m.  August  13, 
1S4.S,  and  Senator  Benton  went  home  that  morning  proudly  conscious 
that  he  had  accomplished  one  of  the  greatest  acts  of  his  life,  in  having 
Oregon,  whose  interests  he  had  guarded  for  years,  organized  as  a  Ter- 
ritory. The  enemies  of  Oregon  had  one  more  chance  to  defeat  the  bill 
— or  rather  prevent  it  from  becoming  a  law,  and  that  was  the  passing 
of  a  resolution  authorizing  the  suspension  of  the  17th  joint  rule  which 
forbids  bills  being  presented  to  the  President  on  the  last  day  of  the 
session,  so  as  to  permit  the  Oregon  bill  and  all  other  bills  which  had 
passed  or  might  pass,  to  be  sent  to  the  President.  This  rule  was  sus- 
pended in  the  Hou.se  and  the  Senate  immediately  informed  of  the  ac- 
tion and  their  concurrence  asked.  Mr.  Miller,  of  New  Jersey,  had  sub- 
mitted the  same  resolution  in  the  Senate,  and  whilst  in  the  midst  of  a 
heated  debate,  the  notification  was  received  from  the  Hou.se.  The  next 
move  was  to  "strike  out  the  Oregon  bill,"  but  it  was  voted  down 
amidst  con.siderable  wrangling,  and  at  10:30  o'clock  the  resolution  was 
adopted  and  the  Southern  members  were  defeated. 

The  President  sent  the  following  .special  message  to  the  Hou.se  ap- 
proving the  bill  which  was  read  only  a  short  time  before  it  adjourned. 

THE  PRESIDENT'S  SPECIAL  MESSAGE. 

To  the  House  of  Representatives  of  the  United  States  : 

When  the  President  has  given  his  official  sanction  to  a  bill  which  has  passed 
Congress,  usage  requires  that  he  shall  notify  the  house  in  which  it  originated  of 
that  fact.  The  mode  of  giving  this  notification  has  been  by  an  oral  message 
delivered  b>-  his  private  secretary.  Having  this  day  approved  and  signed  an  act 
entitled  "An  Act  to  establish  the  Territorial  Government  of  Oregon,"  I  deem  it 
proper,  under  the  existing  circumstances  to  communicate  the  fact  in  a  more  solemn 
form. 

The  deeply  interesting  and  protracted  discussions  which  have  taken  place  in 
both  Houses  of  Congress,  and  the  absorbing  interest  which  the  subject  has  excited 
throughout  the  country,  justify,  in  my  judgment,  this  departure  from  the  form  of 
notice  observed  in  other  cases. 

In  this  communication  with  a  co-ordinate  branch  of  the  Ciovernment,  made 
proper  by  the  considerations  referred  to,  I  frankly  and  without  reserve,  express  the 
reasons  which  have  constrained  mc  not  to  withhold  my  signature  from  the  bill  to 
establish  a  government  over  (3regon,  even  though  the  two  Territories  of  New 
Mexico  and  California  are  to  be  left,  for  the  present,  without  governments.  None 
doubt  that  it  is  proper  to  establish  a  government  in  Oregon.  Indeed  it  has  been 
too  long  delayed.  I  have  made  repeated  recommendations  to  Congress  to  this 
effect.  The  petitions  of  the  people  of  that  distant  region  have  been  presented  to 
the  government,   and  ought  not  to  be  disregarded.     To  give  to  them  a  regularly 


wr^«m 


r; 

11  !i'' 


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446 


brown's  political  history. 


1848 


or^^aiii/etl  j^overmiuMit  and  the  protection  of  our  laws,  whiili  as  citizens  of  the 
I'nited  Stales  they  claim,  is  a  lii^h  duty  on  our  part,  and  one  which  we  arc  bound 
to  perforin,  unless  there  he  controUinjj  reasons  to  prevent  it. 

In  the  jiro^rcss  of  all  governments,  rjucslions  of  such  transcendent  importance 
occasionally  arise,  as  to  cast  in  tlio  shade  all  those  of  a  mere  parly  cha'acter. 
Hut  (me  such  (piestion  can  now  be  agitated  in  this  country  ;  and  this  may  enilanger 
our  glorious  rnion,  the  source  of  our  greatness  and  all  our  political  blessings. 
This  (jucstion  is  slavery.  With  the  slaveholding  vSlatcs  this  (iocs  not  embrace 
merely  the  rights  of  property,  however  valuable;  but  it  ascends  far  higher,  and 
involves  the  domestic  peace  and  security  of  every  family.  The  fathers  of  the 
Constitution— the  wise  and  patriotic  men  who  laid  the  foundation  of  our  institu- 
tions— foreseeing  the  danger  from  this  (piarter,  acted  in  a  spirit  of  compromise  and 
mutual  concession  on  this  dangerous  and  delicate  subject ;  and  their  wisdom  ought 
t  -  be  the  guide  of  their  successors.  Whilst  they  left  to  the  vStatcs  exclusively  the 
question  of  iloniestic  slavery  within  their  respective  limits,  they  provided  that 
slaves  who  might  escape  into  other  .States  not  recognizing  the  institution  of 
slavery,  shall  be  delivered  up  on  the  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due.  Upon  this  foundation  the  matter  rested  until  the  Mis- 
souri question  arose.  In  December,  i<St9,  application  was  made  to  Congress  by 
the  people  of  Missouri  Territory  for  admission  into  tlic  Union  as  a  State.  The 
discussion  upoii  the  subject  in  Congress  involved  the  question  of  slavery,  and  was 
prosecuted  with  such  violence  as  to  produce  excitement  alarming  to  every  patriot 
in  the  Union.  But  the  good  genius  of  conciliation  which  ])residcd  at  the  birth  of 
our  institutions  finally  prevailed  and  the  Missouri  Compromise  was  adopted. 
The  eighth  section  of  the  act  of  Congress  of  the  6th  of  March,  1820,  to  authorize 
the  people  of  tlie  Missouri  Territory  to  form  a  Constilutioii  and  a  State  Govern- 
ment, etc.,  provides:  "That,  in  all  that  territory  ceded  by  I<*rance  to  the  United 
States,  under  the  name  of  Louisiana,  which  lies  north  of  the  36°  30'  north  latitude, 
not  included  within  the  limits  of  the  State  contemplated  by  this  act,  slavery  and 
involuntary  servitude,  otherwise  than  in  the  puuishmcnt  of  crimes,  whereof  the 
parties  shall  have  been  duly  convicted,  shall  be,  and  is  hereby,  forever  prohibited. 
Proz'idcd,  always,  That  any  person  escaping  into  the  same,  from  whom  labor  or 
service  is  lawfully  claimed  in  any  State  or  Territory  of  the  United  States,  such 
fugitive  may  be  lawfully  reclaimed,  and  conveyed  to  the  person  claiming  his  or 
her  labor  or  service  aforesaid." 

The  Missouri  question  had  excited  intense  agitation  of  the  public  mind,  and 
threatened  to  divide  the  country  into  geographical  parties,  alienating  the  feelings 
of  attachment  which  each  portion  of  our  Union  should  bear  to  every  other.  The 
compromise  allayed  the  excitement,  tranquilized  the  popular  mind,  and  restored 
confidence  and  fraternal  feeling.  Its  authors  were  hailed  as  public  benefactors.  I 
do  not  doubt  that  a  similar  adjustment  of  the  questions  that  now  agitate  the  public 
mind  would  produce  the  same  happy  results.  If  the  legislation  of  Congress  on 
the  subject  of  the  other  Territories  shall  not  be  adopted  in  a  spirit  of  conciliation 
and  compromise,  it  is  impossible  that  the  country  can  be  satisfied,  or  that  the  most 
disastrous  consequences  shall  fail  to  ensue. 

When  Texas  was  admitted  into  the  Union,  the  same  spirit  of  compromise 
which  guided  our  predecessors  in  the  admission  of  Missouri,  a  quartei  of  a  cen- 
tury before,  prevailed  without  any  serious  opposition.  The  "joint  resolution  for 
annexing  Texas  to  the  United  States,"  approved  March  i,  1845,  provides  that, 
"  such  States  as  may  be  formed  out  of  that  portion  of  said  Territory  lying  south  of 
36°  30'  north  latitude,  commonly  known  as  the  Missouri  Compromise  line,  shall  be 


l84>i 


184S 


PROVISIONAL    (lOVURNMKN'T. 


44: 


H  of  the 
c  buund 

>ortaiice 
la'Hcter. 
ndaiiKer 
lessings. 
embrace 
lier,  and 
s  of  the 
•  iustitu- 
111  isc  and 
)in  oii^ht 
ivcly  the 
(led  that 
Liition  of 
li  service 
the  Mis- 
igrcss  by 
lie.     The 
,  and  was 
■y  patriot 
c  birth  of 

adopted, 
authorize 

Govern - 
le  United 
I  latitude, 
ivery  and 
ereof  the 
-ohibitcd. 
1  labor  or 
ites,  such 
iig  his  or 

niud,  and 
e  feelings 
iier.  The 
i  restored 
actors.  I 
tlie  public 
ingress  on 
)nciliation 
.  the  most 

uipromise 
of  a  ceu- 
lution  for 
ides  that, 
g  south  of 
e,  shall  be 


admitteil  into  the  Tuion  with  or  without  slavery,  as  the  j)eople  of  each  .State  ask- 
ing admission  may  desire.  .\nd  such  State  or  States  as  shall  be  formed  out  of  said 
territory  north  of  the  Missouri  Cnmpromisc  line,  slavery  or  involuntary  servitude 
(except  for  crime)  shall  be  prohibited."  The  Territory  of  Oregon  lies  far  north  of 
36°  ,"^0',  the  Missouri  and  Texas  Compromise  line.  Its  southern  houmlarv  is  the 
parallel  of  .\2°,  leaving  the  intermediate  distanci-  to  be  .^;,o  geographical  miles. 
And  it  is  because  the  provisions  of  this  bill  are  not  inconsistent  with  the  terms  of 
the  Missouri  Compromise,  if  extended  from  the  Rio  (irande  to  the  I'acilic  ocean, 
that  I  have  not  felt  at  liberty  to  withhold  tny  sanction.  Had  it  embrarcil  terri- 
tories south  of  that  compromise,  the  (piestiou  presented  for  my  consideration 
would  have  been  of  a  far  different  character,  and  my  action  upon  it  must  have 
corresponded  with  my  conviction. 

Ought  wc  now  to  disturb  the  Missouri  and  Texas  Compromises?  Ought  we, 
at  this  late  day,  m  attempting  to  annul  what  has  been  so  long  established  and  ac- 
ciuiesced  in,  to  excite  sectional  divisions  and  jealousies  ;  to  alienate  the  people  of 
different  portions  of  the  Fniou  from  each  other,  anil  to  endanger  the  existence  of 
th.e  Union  itself? 

rVom  the  adoption  of  the  I'ederal  Constitution,  during  a  period  of  sixty  years, 
ourprogress  as  a  nation  has  been  withoutcxample  in  theaTiuals  of  history.  Under 
the  i)rotection  of  a  bountiful  I'rovidence,  we  have  advanced  with  great  strides  in 
the  career  of  wealth  and  prosperity  We  have  enjoyed  the  blessings  of  freedom  to 
a  greater  extent  than  any  other  people,  ancient  or  modern,  under  a  government 
which  has  preserved  order,  and  secured  to  every  citizen  life,  liberty  and  projierty. 
We  liave  now  become  an  example  for  imitation  to  the  whole  world.  The  friends 
of  freedom  in  every  clime  point  with  admiration  to  our  institutions.  Shall  we, 
then,  at  the  moment  when  the  people  of  Europe  are  devoting  all  their  energies  in 
the  attempt  to  assimilate  their  institutions  to  our  own,  peril  all  our  blessings  by 
despising  the  lessons  of  exiiericnce,  and  refusing  to  tread  in  the  footsteps  which  our 
fathers  have  trodden?     .\nd  for  what  cause  would  we  endanger  our  glorious  ruion? 

The  Missouri  compromise  contains  a  prohibition  of  slavery  througlumt  that 
vast  region  extending  twelve  and  a  half  degrees  along  the  Pacific,  from  the  parallel 
of  36°3o''  to  that  of  49°,  and  east  from  that  ocean  to  aud  beyond  the  summit  of  the 
Rocky  mountains.  Why,  then,  should  out  institutions  be  endangered  because  it 
proposed  to  submit  to  the  people  of  the  remainder  of  our  newly  acquired  territory 
lying  south  of36°3C)',  embracing  less  than  four  degrees  of  latitude,  the  question 
whether,  in  the  language  of  the  Texas  compromise,  they  "shall  be  admitted  (as  a 
State)  into  the  Union  with  or  without  slavery."  Is  this  a  question  to  be  pushed 
to  such  extremities  by  excited  partisans  on  the  one  side  or  the  other  in  regard  to 
our  lewly  acquired  distant  possessions  on  the  Pacific,  as  to  endanger  the  Union  of 
thirty  glorious  States  which  constitute  our  confederacy  ?  I  have  an  abiding  confi- 
dence that  the  sober  reflection  and  sound  patriotism  of  the  people  of  all  the  States 
will  bring  them  to  the  conclusion  that  the  dictates  of  wisdom  is  to  follow  the  ex- 
ample of  those  who  have  gone  before  us  and  settle  this  dangerous  question  on  the 
Missouri  compromise,  or  some  other  equitable  compromise  which  would  respect 
the  rights  of  all  and  prove  satisfactory  to  the  diflferent  portions  of  the  Union. 

Holding  as  a  sacred  trust  the  executi\e  authority  for  the  whole  union,  and 
bound  to  guard  the  rights  of  all,  I  should  be  constrained  by  a  sense  of  duty  to 
withhold  my  official  sanction  from  any  measure  which  would  couflict  with  these 
important  objects.  I  cannot  more  appropriately  close  this  message  than  by  quot- 
iug  from  the  farewell  address  of  the  Father  of  his  Country.  His  warning  voice 
can  never  be  heard  in  vain  by  the  American  people.     I    die  spirit  of  prophecy  had 


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distinctly  presented  to  his  view  more  than  half  a  century  ago  the  present  distracted 
condition  of  his  country,  the  language  which  he  then  employed  could  noi  have 
have  been  more  appropriate  than  it  is  at  the  present  occasion.     He  declared  : 

"The  unity  of  government  which  constitutes  you  now  one  people  is  also  now 
dear  to  you.  It  is  justly  so,  for  it  is  a  main  pillar  in  the  edifice  of /our  real  inde- 
pendence, the  support  of  your  tranquility  at  home,  your  peace  abroad,  of  your 
safety,  of  your  prosperity,  of  that  very  liberty  which  you  so  highly  prize.  But  as 
it  is  easy  to  foresee  that  from  different  causes  and  from  different  quarters  much 
pains  will  be  taken,  many  artifices  employed,  to  weaken  in  your  minds  the  con- 
victions of  this  truth — as  this  is  the  point  in  your  political  fortress  against  which 
the  batteries  of  internal  and  external  enemies  will  be  most  constantly  and  actively, 
though  often  covertly  and  insidiously,  directed — it  is  of  infinite  moment  that  you 
should  properly  estimate  the  immense  value  of  your  national  union  to  your  collec- 
tive and  individual  happiness ;  that  you  should  cherish  a  cordial,  habitual,  and 
immovable  attachment  to  it  ;  accustoming  yourselves  to  think  and  to  speak  of  it 
as  a  palladium  of  your  ])olitical  safety  and  prosperity  ;  watching  for  its  prcserv  a- 
tion  with  jealous  anxiety  ;  discountenancing  whatever  may  suggest  even  a  suspi- 
cion that  it  can  in  any  event  be  abandoned,  and  indignantly  frowning  upon  the 
first  dawning  of  every  attempt  to  alienate  any  portion  of  our  country  from  the  rest, 
or  to  enfeeble  the  sacred  tics  which  now  link  together  the  various  parts. 

"  For  this  you  have  every  inducement  of  sympathy  and  interest.  Citizens  by 
birth  or  choice  of  a  common  country,  that  country  has  a  right  to  concentrate  your 
affections  The  name  of  America,  which  belongs  to  you  in  your  national  capac- 
ity, must  always  exalt  the  just  pride  of  patriotism  more  than  any  appellation  de- 
rived from  local  discriminations.  With  slight  shades  of  difference,  you  have  the 
same  religion,  manners,  habits  and  political  principles.  You  have,  in  a  common 
cause,  fought  and  triumphed  together.  The  independence  and  liberty  you  possess 
are  the  work  of  joint  councils  and  joint  efforts,  of  common  dangers,  sufferings  and 
success. 

"  With  such  powerful  and  obviou-^  motives  to  union,  affecting  all  parts  ot  our 
country,  while  experience  shall  not  have  demonstrated  its  impracticability,  there 
will  always  bt  reasons  tu  distrust  the  patriotism  of  those  who,  in  any  quarter,  may 
endeavor  to  weaken  its  bonds. 

"In  contemplating  the  causes  which  may  disturb  our  Union,  it  occurs  as  a 
matter  of  serious  concern  that  any  ground  should  have  been  furnished  for  charac- 
terizing parties  by  geographical  discriminations — S'oytheru  and  Sdiiihetu,  .  Ulantic 
and  IVesteru — whence  designing  men  may  endeavor  to  excite  a  l)elief  that  there  is 
a  real  difference  of  local  interests  and  views.  One  of  the  expedients  of  party  to 
acquire  influence  within  particular  districts  is  to  misrepresent  the  opinions  and 
aims  of  other  districts.  Von  cannot  shield  yourselves  too  much  against  the  jeal- 
ousies and  heartburnings  which  spring  from  those  misrepresentations.  Tliey  tend 
to  render  alien  to  each  other  those  who  ought  to  be  bound  togctlier  by  fraternal 
affection."  JAMES  K.  POLK. 

Washington,  August  14,  1848. 


Officers  of  the  Provisiaunl  (xovernmcnt. — 1S4-S, 
(jovcrnor,  (IcDrj^e  Abernethy  :  Secretary  of  Territory,  Sain'l  M. 
Holderness;'  TrcHSurer,  John  H.  Couch;  Auditor  of  Public  Accounts, 
Geo.   W.   Hell  ;  Attorney  General,  A.  L,.  L,;)vejoy  ;  Territorial  Aud- 


1848 

distracted 

noi  have 
ired  : 
»  also  now 

real  inde- 
1,   of  your 
;e.     But  as 
tcrs  much 
s  the  con- 
inst  which 
d  actively, 
t  that  you 
•our  collec- 
bitual,  aud 
speak  of  it 
ts  prcser\  a- 
k-en  a  suspi- 
^  upon  the 
om  the  rest, 
s. 

Citizens  by 
iutrate  your 
lonal  capac- 
Dellation  de- 
)U  have  the 
1  a  common 

you  possess 

fferiuKS  and 

jiarts  ot  our 
ibility,  there 
[uartcr,  may 

occurs  as  a 

f(3r  charac- 

«,  .  Itlaiitic 

that  there  is 

s  of  party  to 

ipinions  and 

1st  the  jcal- 

rhey  tend 

)y   fraternal 

^:.  roLK. 


.s. 

,  Sam'l  M. 

Acaniina, 

jri.'il  AikI- 


1848 


PROVISION AI,   r.OVKKNMKNT. 


449 


/f  or.Theopliilus  Maj^riulfr;  Jndf^v  of  Supreme  Court,  J.  Quinn  Thorn- 
ton ;  Mnrsli/il,  11.  M.  Knighton;  Judij^v  of  Circuit  Court,  A.  A. 
Skinner. 

Officers  oftfic  Uuitcd  States  in  Orcj^ou.- 

Aj^ent  of  I*ostofficc  Department,  Cornelin.sCiilliani  J'ostmnster 
{It  Orcfion  City,  Davitl  Hill:  Postmaster  nt  Astoria,  John  M. 
Shively  ;  Indian  Ai^ent,  Charles  K.  Pickett. 

The  discovery  of  gold  in  California  shortly  after  the  close  of  the 
Cayuse  war  cansed  great  excitement,  which  is  mentioned  more  partic- 
ularly further  on.  Nearly  half  of  the  members  of  the  Legislature  left 
the  Territory,  and  when  that  body  niel  at  Oregon  City,  December  5th, 
there  was  no  (juorum.  In  a  few  days  however,  a  sufficient  number  of 
members  arrived,  and  an  organization  was  efTecled  by  electing  Ralph 
Wilcox.  Speaker:  W.  ().  T'Vault,  Chief  Clerk:  and  Wm.  Holmes, 
Sergeant-at-arms.  The  following  memi)ers  had  resigned  or  left  the 
Territory  :  Clacl<amas,  A.  h-  Lovejoy,  J.  I,.  vSnook  :  Tu/ility,  P.  H. 
Barnett ;  Cluunpovu;  Robert  Newell  :  Polk,  J.  W.  Nesmith,  O.  Rus- 
sell. Kveu  after  the  organizatitju,  the  members  were  .so  demoralized, 
that  as  the  new  mctnbers  had  not  been  elected,  the  lyCgislature  ad- 
journed on  the  13th  of  December,  to  Febrtiary  5,  1849.  On  that  date 
the  Legislature  met  and  the  following  members  were  present  or  had 
been  elected  since  the  adjournment  :  lienton,  J.  C.  Avery  ;  Cham- 
poeg,  W.J.  Bailey,  Samuel  Parker,  Wm.  Portius  :  Clackamas,  d.  L. 
Curry,  M.  Crawford,  A.  P\  Hedges  ;  Clatsop,  John  Hudson  :  Linn, 
H.  J.  Peterson,  A.  Cox  ;  Polk,  Jesse  Applegate  ;  Tuality,  Ralph  Wil- 
cox, David  Hill,  S.  R.  Thurston  ;  Yamhill,  A.  J.  Hembree.  L.  A.  Rice, 
W.  J.  Martin  ;  Vancouver,  A.  L.  Lewis.  Mr.  Wilcox  resigned  as 
speaker  and  L.  A.  Rice  was  elected  to  fill  the  vacancy. 

The  (rovernor's  message  being  the  last  under  the  Provisional  Gov- 
ernment, is  given  entire  : 

GOVERNOR'S   MRvSSAGE. 

I'Ri.l.ow  CiTizUNS:  Vou  are  ome  more  assembled  in  your  legislative  oajtac- 
ity  under  the  I'rovisioii:il  (i')vernmenl  of  ()rej.jon.  The  proclamation  issued  for 
the  purpose  of  convening  tlie  Legislature  at  this  time  as    ou  are  well  aware,  was 

1  Or.  Jolni  K.  T.otiK,  was  elected  Secretary  of  Territory,  Jiuie,  iH.)6,  but  was  drowned  tlmt 
year  in  tlie  Clackamas  river.  I'redei  iik  l'ri>;n  was  appointed  lo  till  the  vaiam  \ ,  Init  iiift  his  death 
ill  the  same  uireaiu  in  is.j;,  tlu-ii  Samuel  M.  Holdiriicss  was  ap|iointcd  and  served  niuil  the  oixani- 
/atioii  of  the  Territorial  ('•overniiient,  March  ,\.  is^y. 

2  The  above  officers  ol  the  Uiiilrd  Slates,  I  takel  iOiil  the  <  ireijoii  Almanac  pnljlished  at  Oicjjdii 
City,  1H4S. 


ii ; 


t' 


II  > 


450 


hrown's  political  history 


1848 


jl;;: 

i 

I 


.).;■■ 


'/ 


for  the  piirj)ose  of  Iransacliiif^  the  business  that  should  have  l)een  done  at  the  reg- 
ular sessiou,  l)Ul  which  was  not  attended  to  in  coiiscciueuce  of  their  not  heinj^  a 
sufiiiient  number  of  the  members  present  to  form  a  (juorum.  At  that  time  there 
was  no  certainty  of  a  Territorial  >^overnment  havinj^  been  organized  for  the  Terri- 
tory of  ( )rej{oii  b\-  the  Conj^ress  of  the  Inited  States.  Sini'e  tliat  i)eriod,  we  have 
rcreived  information  lliat  our  Territory  has  been  provi<led  for;  that  the  officers 
necessary  to  eary  on  the  jfovernment  have  been  appointed  and  are  now  on  the  way 
to  this  Terrilor\,  and  no  doubt  will  soon  be  in  onr  midst.  This  entirely  chanj^es 
llu-  aspect  of  affairs,  and  jilaces  us  in  a  far  ha])pier  position  than  the  one  hitherto 
occupietl  by  us  as  a  people  ;  we  will  take  rank  with  our  sister  Territories,  and  I 
have  no  doulit  will  soon  be  a<lmitted  as  one  of  the  States  of  the  I'nion.  Orej^on 
will  make  rapid  striiles  under  the  protecticm  of  the  stars  and  stripes,  and  I  trust  the 
wisdom  of  our  legislative  bodies  will  be  apparent  in  the  right  direction  given  to  her 
steps. 

The  most  important  business  that  will  come  before  you  at  this  session  will  be 
that  connected  with  the  late  Indian  difficulties.  I  am  happy  to  inform  you  that 
through  aid  of  the  Territory  to  go  in  pursuit  of  the  murderers  and  their  allies,  and 
of  those  who  contributed  so  liberally  to  the  support  of  our  fellow-citizens  in  the 
field,  the  war  has  been  l)rought  to  a  successful  termination.  It  is  true  that  the 
Indians  engaged  in  the  massacre  were  not  captured  and  punished  ;  they  were 
however  driven  from  their  homes,  their  country  taken  possession  of,  and  they 
made  to  understand  that  the  power  of  t)ie  while  man  is  far  superior  to  their  own. 
The  Indians  have  a  large  scope  of  country  to  roam  over,  all  ()f  which  they  were 
well  actpi  linted  with,  knew  every  pass,  and  by  this  knowledge  could  escape  the 
])unishmcnl  they  so  justly  merited.  In  view  of  this,  the  troops  were  recalled  and 
disbanded  early  in  July  last,  leaving  a  small  force  under  the  command  of  Captain 
Martin  to  keep  possession  of  the  post  at  Waiilatpu  until  the  middle  of  September, 
when  the  time  for  which  his  men  had  enlisted  had  exj)ired.  He,  however,  before 
leaving,  sent  a  party  to  l)ring  in  the  lost  company  of  emigrants. 

The  appearance  of  so  many  armed  men  among  the  Indians  in  their  own  country 
had  a  very  salutary  effect  on  them  ;  this  is  seen  by  their  refusing  to  unite  with  the 
Cayuse  Indians,  by  their  profession  of  friendship  to  the  Americans,  by  the  safety 
with  which  the  immigration  passed  ihrough  the  Indian  country  the  past  season. 
I  leretofore  robberies  have  been  committed  and  insults  ofTered  to  Americans  as  they 
would  pass  along,  l)ur(lcneil  with  their  families  and  goods,  and  worn  down  with  the 
fatigues  of  a  long  journey,  and  this  was  on  the  increase.  Each  successive  immi- 
gration suffered  more  than  the  ])receding  one;  but  this  year  no  molestation  was 
otiered  in  any  way.  On  thecoutrary,  every  assistance  was  rendered  by  the  Indians 
iu  crossing  rivers  at  a  reasonable  compen.sation.  Having  learned  the  power  and 
ability  of  the  .\mericans,  I  trust  the  necessity  of  calling  on  our  citizens  to  punish 
them  hereafter  will  be  obviated. 

I  submit  to  you  the  report  of  the  .\djutant-General,  by  which  it  will  be  seen 
that  the  expenses  incurred  for  the  services  of  privates  and  non-commissioned  offi- 
cers, in  acconlame  with  an  act  passiul  Dccetubcr  2S,  1S.17,  allowing  one  dollar  and 
fifty  cents  ])er  day,  amount  to  |i<>y,;ii  '5"  '■  '"  addition  to  this  will  be  the  pay  of  the 
officers  and  persons  employed  i  n  the  several  dep;utments  connected  with  the  army. 
This  will  devolve  on  you  to  arrange  during  your  present  session  ;  until  it  is  done 
the  total  expenses  of  the  war  i  antiot  be  ascertained.  Accompanying  the  report  you 
will  find  the  report  of  the  Commissary  and  (juartermaster-Generars  department. 
One  thitig  connected  with  the  war  department  needs  attending  to.  It  is  well 
known  that  the  v<jlunteers  endured  muih  fatigue  and  hardship  and  suffered  many 


1848 

L  the  reg- 
l  l)ein>;  :i 
ijiic  there 
he  Terri- 
,  we  have 
jc  ofticcrs 
I  the  way 
^  chanj^es 
t  hitherto 
ies,  and  I 
Orpj<on 
I  trust  the 
veil  to  her 

m  will  be 
1  you  that 
allies,  ami 
;eiis  iu  the 
le  that  the 
they  were 
,  and  they 
their  own. 
they  were 
escape  the 
icalled  and 
of  Captain 
September, 
ver,  before 

m\  country 
te  with  the 
the  safety 
last  season, 
ans  as  they 
vM  with  the 
sive  iinnii- 
station  was 
he  Indians 
power  and 
s  to  punish 

vill  be  seen 
ssioncd  ofli- 
;  dollar  and 
e  pay  of  the 
h  the  army. 
:il  it  is  done 
c  report  you 
lepartnienl. 
It  is  well 
fercd  many 


184S 


PROVISIONAL   GOVKRNMKNT. 


4.SI 


privations  while  prosecuting  the  war,  and  as  many  of  them  wish  to  avail  them 
selves  of  the  funds  due  them  to  supply  tlieir  immeiliate  warns,  1  recomuiciul  that 
a  law  be  passe<l  autlii>ri/,in^(  sorij)  to  be  issueil,  redeemable  as  early  as  possible,  for 
the  aniomit  due  each  indiviflu  il,  and  bearing  interest  until  i)aid.  It  h.is  heeu  sup 
posed  that  tbe  United  States  government  would  p  i\  the  expenses  of  this  war,  and 
I  sec  no  reaton  to  doubt  it  as  it  was  entered  into  for  the  protection  of  American 
citizens.  This  will  imluce  persons  to  {)urchasc  the  scrij)  and  cti.ible  the  holders  to 
realize  something  for  their  services. 

livery  effort  was  made  by  me  after  the  I)reaking  out  of  these  diHicultics  to  got 
letters  to  California,  asking  assistance  from  Crovernoi  Mason.  The  earliest  con- 
veyance by  which  I  could  forward  letters  was  the  brig  Henry,  in  March.  My  the 
return  of  the  t/iuiy,  in  August,  a  liberal  supply  of  ordinance  and  ordinance  stores 
were  received  from  California,  though  not  in  time  for  the  lati-  cam])aign  ;  slill, 
should  any  difficulty  occur  hereafter  it  places  in  our  hands  the  means  of  defense. 

*  *         To  strike  out  the  word  "  regul.ite  "  and  insert  the  word  "  pro- 

hibit"  in  the  clause  relating  to  the  sale  of  ardent  spirits.  The  last  amendment 
came  before  the  peoj)lc  for  a  direct  vote,  and  I  am  lia])py  to  say  that  the  j)eople  of 
this  Territory  decided  through  the  ballot-box  bj*  a  majority  of  the  voles  given  that 
the  word  "  jjrohibit  "  should  be  inserted.  This  makes  the  <|ueslion  a  very  easy  one 
for  you  to  decide  up<  n.  This  is  destined  to  l)e  a  very  wealthy  portion  of  the  Itiiled 
States,  and  if  to  this  we  can  add  the  most  temperate,  nothing  will  ]h event  our 
rising  and  becoming  a  valuable  accjuisition  to  the  I'liion. 

I  would  call  your  attention  to  a  law  passed  at  the  last  session  of  the  legislature 
entitled  "An  Act  to  Prevent  the  IntrcKluction  of  iMrearms  .^mong  the  Indians." 
As  many  of  the  Indians  live  by  hunting,  ami  a  small  (juantity  of  powder  and  lead 
is  actually  necessary  to  provide  lor  their  wants,  1  think  the  law  should  be  modified 
so  as  to  permit  the  sale  of  posvder  and  lead  to  friendly  Indians. 

A  communication  is  about  to  be  opened  with  the  Eastern  States,  through  the 
agency  of  the  steamers,  that  will  tend  very  much  to  the  advantage  of  the  Terri- 
tory. Every  facility  we  can  offer  them  will  lielj)  us.  Coal  in  large  quantities  will 
be  required  for  their  use.  This  article  is,  no  doubt,  abundant  in  this  Territory, 
and  if  any  way  could  be  devised  by  which  supplies  from  ditTerent  portifuis  of  the 
country  could  be  procured  and  forwarded  to  their  agents,  in  order  that  the  different 
(pialities  could  be  testeti,  it  would  tend  to  benefit  us.  If  we  have  coal  of  the  right 
description  so  located  that  it  can  easily  be  j)laced  on  the  banks  of  »he  Columbia 
river,  there  is  no  doubt  that  the  Columbia  river  will  become  its  p.  i..cipal  ilcpot. 
The  dangers  that  have  been  thrown  around  the  mouth  of  our  river  will  v.iuish  on 
their  first  entering,  and  the  dreaded  bar  will  soon  be  forgotten. 

As  the  probability  is  that  the  legislature  of  Oregon  will  convene  at  no  distant 
day,  under  the  new  government,  when  the  laws  passed  will  have  more  permanent 
basis  to  rest  ui)on  than  at  present,  I  would  recommend  that  after  the  indispensable 
business  of  the  session  is  attended  to  you  adjourn. 

In  closing,  permit  me  to  unite  with  yon   in  an  expression  of  thankfulness  to 

<mr  Creator  for  the  many  mercies  1>estowed  on  us  during  the  past  season,  among 

which  may  be  enumerated  an  abundant  harvest  and  the  blessings  of  health      May 

we  look  to  Him  for  guidance  and  direction   in  the  discharge  of  our  several  duties. 

OKBC.ON  CiTv.  Eebrnary  .s,  iS4y.  GEO  AHKRNKTMV. 

AlttT  tlic  messagi'  was  ii-ad  tlic  k-gislaltirc  atli-iKk'd  in  i-anu'sl  to 
the  Ittisiiifss  l)et'«iiv   ii,   ami  calletl  upon   tlu-  srvrtal   (it*i)ailiiniits  lin 


i 


1:11 


._> 


452 


BROWN  .S    I'OIJTICAL    HISTORY. 


1848 


') 
H 


their  reports,  which  call  was  very  jjeiierally  responded  to.  TIiifcMlii- 
iiately,  most  of  these  documents  must  have  been  destroyed  in  the  burn- 
ing of  the  capitol  l)ecend)er  2c),  1.S55.  All  that  are  attainable  arc- 
inserted  in  their  jjroper  place. 

The  law  prohibiting  the  sale  of  firearms,  powder  and  lead  to  Indi- 
ans was  repealed.  The  following  territorial  and  judicial  officers  were 
elected:  Supreme  Judge.  A.  J.  Lovejoy ;  Circuit  Judge,  Wm.  J. 
Matlock;  Secretary  of  Territory,  Theophilus  McOruder  ;  Treasurer, 
Wm.  K.  Kilborn  ;  Auditor,  J.  G.  Cam])bell  :  Marshal,  Wm.  II.  Ben- 
nett ;  Superintendent  of  Indian  Affairs.  A.  L.  Lewis. 

During  this  session  a  bill  was  passed  providing  for  weighing  and 
stamping  of  gold — the  vote  was  16  to  2.  Mr.  M.  Crawford  entered  a 
]irotest  on  the  journal,  stating  that  he  thought  it  contrary  to  the  con- 
stitution of  the  United  States  ;  that  he  believed  an  officer  of  the  United 
.States  would  soon  come  who  would  prohil)it  lheo])eration  of  the  mint  : 
and  he  thought  it  inexpedient  to  pledge  the  faith  of  the  territory  for 
the  amount  nece.ssary  to  jnit  the  mint  in  operation  when  it  would  be 
discontinued  immediately  upon  the  arrival  of  an  oflicer  from  the  United 
States.     Mr.  W.  J.  Martin  also  entered  a  protest  similar  to  the  above. 

The  reported  discovery  of  rich  and  extensive  gold  mines,  as  before 
mentioned,  in  California,  threw  the  people  of  the  territory  into  greater 
excitement  than  ever.  The  people  who  had  immigrated  to  this  coast 
had  come  to  establish  homes  and  build  up  the  country  on  the  same 
principle  that  the  Western  states  had  been  settled.  They  were  frugal 
in  their  mode  of  living,  their  wants  were  few,  and  these  were  gradu- 
ally being  supplied  and  augmented  by  the  develoi^ment  of  the  natural 
resources  of  the  country.  No  thought  was  entertained  of  sudden  and 
immense  fortunes.  Wheat  was  the  currency  at  one  dollar  a  l)ushel, 
and  that  was  the  price  of  a  day's  labor.  Horses  and  cattle  were  cheap 
and  increased  rapidly,  recjuiring  but  little  care.  All  was  now  i)eace 
and  tranquility  among  the  ])eople.  The  inhabitants  were  hap])ier  at 
that  period  than  they  have  ever  been  since,  while  looking  forward  to 
the  time  when  the  home  government  would  extend  its  a.'gis  of  protec- 
tion over  them.  Hut  how  soon  was  this  jieaceful,  rustic  condition 
changed.  The  .schooner  Houolulu  arrived  at  Portland,  and  her  com- 
mander, Captain  Newell,  after  purchasing  all  the  pick.s  and  shovels  he 
could,  announced  diat  extensive  and  rich  gold  "  diggins  "  had  been 
discovered  in  California.  This  was  at  fir.st  doubted,  but  on  August 
yth  the  brig  Henry  arrived  from  vSan  l^Vancisco,  not  only  confirming 
the  report,  l)Ut  bringing  marvelous  tales  of  the  discovery  by  J.  W. 
Marshall,  who  had  come  to  Oregon  in  1844  and  thence  to  California  in 


'F 


1848 

Inforlu- 
it*  l)uni- 
.blc  arc- 
to  Ituli- 
rs  were 
Wni.  J. 
easurer, 
II.  Ik'ii- 

ling  atul 
iitcred  a 
the  coii- 
e  Ignited 
ne  mint  ; 
itory  for 
AouUl  be 
c  United 
le  above, 
as  before 
o  greater 
his  coast 
he  same 
re  frugal 
gradu- 
e  natural 
Iden  and 
bushel, 
ire  cheap 
o\v  peace 
appier  at 
)r\vard  to 
Df  protec- 
condition 
her  coni- 
hovels  he 
had  been 
1  August 
)n  firming 
by  J.  W. 
li forma  in 


1H4.S 


I'KOVISIONAI,    (iOVI'lKNMKNT. 


\S^ 


1K46;  also  statemihls  of  Charles  Hennett  and  »Steplien  Sla:its,  who 
had  gone  to  California  in  i>!47-  -^^  three  were  well  known  to  the  cit- 
izens of  the  valley.  I  insert  the  following,  wliich  gives  a  very  fair  de- 
scrijHion  of  the  effei'l  ol  tlu-  news,  and  really  contains  more  trutiithan 
poetry. 

l'"i()in  tlic  Oiig/in  Sf>ri  laliif. 


CtJinc  liitluT,  Musi',  and  tell  the  lu'ws. 

Nor  he  thou  ..  deceiver. 
Hut  sinjj  ill  plain  poetic  strain 

The  present  "yellow  fever." 

Not  long  ago  I  laid  me  down 

To  rest  in  (juiel  slumbers, 
And  whilst  I  slept  I  drcanie<l  a  dream 

And  coined  it  into  numbers. 

1  thought  I  saw  on  every  hand 

A  niiphly  congregation — 
A  heterogeneous  mass  of  men 

Of  every  name  and  nation. 

And  each  pursued  uith  keen  delight 

Sonic  h.onest  occujiation, 
Whilst  rosy  health,  the  lai)orer"s  wealth, 

I'"illed  every  situation. 

And  then  I  looked,  and  lo  !  I  saw 
A  Herald  bright  advancing — 

A  being  from  some  other  clime 
On  golden  pinions  dancing. 

And  as  he  ueared  the  mighty  crowd 
lie  made  this  proclamation 

In  tones  so  clear,  distinct  and  loud 
It  startled  half  the  na'ion  : 

"  Why  do  you  labor  here,"  he  cried, 
"  I'or  merely  life  and  pleasure, 

While  just  beyond  that  mountain  gray 
Ivies  wealth  beyond  all  measure  ? 

The  road  is  plain,  the  way  is  smooth, 
'Tis  neither  rough  nor  thorny  ; 

Come,  leave  this  rugged  vale  and  go 
With  me  to  California. 

There  wealth  untold  is  bought  and  sold 
And  each  may  be  partaker  ! 

Where  fifty  tons  of  finest  gold 
Are  <lug  from  every  acre  !" 

At  sound  of  gold  lioth  young  and  old 

I'orsook  their  occu])atioii. 
And  wild  confusion  seemed  to  rule 

In  every  situation. 

An  old  cordvvainer  heard  the  news. 
And  though  not  much  elated, 

He  left  his  pile  of  boots  and  shoes 
\\\(\  just  evaporated. 
V.winii,!,,  \ov.  10.  1S4S 


The  coojier  left  his  tubs  ami  pails, 

His  buckets  and  his  piggins  , 

The  sailor  left  his  yards  and  sails, 

.\nd  started  for  the  "iliggins." 

The  farmer  left  his  ])lough  an  1  steers, 
Th'-  merchant  left  his  measure. 

The  tailor  dropped  his  g(K)se  and  shears 
And  went  to  gather  treasure. 

A  pedagogue,  attired  incog, 

Ge'  e  ear  to  what  was  state<l, 
l'"orsook  His  stool,  bestrenle  i  mule, 

And  then  absquatulated. 

.\  boatman,  too,  forsook  his  crew, 

I  et  fall  his  oar  and  paddle, 
And  stole  his  neighbor  s  iron-gray, 

Hut  went  without  a  saddle. 

The  joiner  dropped  his  square  and  jack, 

The  chapentcr  his  chisel. 
The  pedlar  laid  aside  his  pack 

And  all  prepared  to  miz/le. 

The  woodman  dropped  his  trusty  axe, 

The  tanner  left  his  leather, 
The  miller  left  his  pile  of  sacks 

.\nd  all  went  off  together. 

The  doctor  cocked  his  eye  askance, 
The  promised  wealth  descrying. 

Then  wheeled  his  horse  and  ofl  he  pranced 
And  left  his  patients  dying. 

The  preacher  dropped  the  Holy  Hook 
And  grasped  the  mad  illusion  ; 

The  herdsman  left  his  flock  and  crook 
.'Vniid  the  wild  confusion. 

The  judge  c(msigned  to  cold  neglect 

The  great  judicial  ermine, 
Hut  just  which  way  his  honor  went 

I  could  not  well  determine. 

.\iid  then  I  saw  far  in  the  rear 

\  fat,  ])urse-proud  attorney 
Collect  his  last  retaining  fee 

And  start  upon  his  journey.  , 

.\nd  when  each  brain  in  that  vast  train 

Was  perfectly  inverted, 
My  slumbers  broke  and  I  awoke 

.And  found  the  place  deserted. 

<).  I".  O. 


"t 


I.Vl 


MKOWN  S    I'Ol.rnCAl,    HISTORY 


IK|8 


On  tin.'  rttiirn  ol  tlic  st-ltk-rs  of  Orcj^on  fr(»in  tlif  Califoniiii  iniin-s, 
llu\  hioii^ht  willi  tlicin  a  lar.nc  amontil  ol"  .nold  dust  and  it  itntm-di 
aU-l\  liicanK.'  Uk-  oir(iilalin.n  nK<liuni.  TIk-  oid\  \va\  that  its  valiu- 
roitld  \>v  approxiinaU'ly  arrived  at  was  hy  \\c'ij;Iit  on  small  apolhcrary 
or  . Hold  scales.  The  ^;old  diisl  contained  a  larj;e  |)ercentaj;e  of  black 
sand  and  other  impurities  that  could  not  be  se])arated  in  the  then  crude 
mode  of  mininj;-,  and  the  rulinji^  price  was  Si^^  fin  outice.  There  soon 
j^rew  n\)  a  difference  of  opinion  between  the  purchaser  and  seller  as 
to  whether  the  transactions  were  e([uitable,  the  receiver  claiming; 
that  the  i:;o\d  was  not  up  to  the  correct,  or  accepted  standard,  while  the 
owner  claimed  it  was  worth  more.  Conseciuently  gold  and  silver  coin, 
what  little  there  was.  commanded  a  premium.  To  obviate  this  diffi- 
culty Mr.  W'm.  H.  Rector,  of  Salem,  conceived  the  idea  of  e.stablishing 
a  mint,  and  as  the  provisional  legislature  was  then  in  .session  at  (Oregon 
City  he  petitioned  that  body  to  pass  a  law  authorizing  a  company  to 
assay  and  coin  gold  into  ten  and  five  dollar  pieces.  The  legislature 
l)assed  the  following  law,  which  was  api)roved  February  i6,  1M49,  by 
(lovernor  Abernethv. 


.  ///  .  /(•/  /(>  f>rovidr  /or  the   IVeig/iins;  and  .  Issayinii  of  Gold  and  Melting  and 

Stamping  the  saute. 

WniCRK.xs,  A  large  amount  of  gold,  in  dust  anH  particles,  mixed  with  other 
metals  aiul  impurities,  is  being  brouglit  to  and  bartered  in  this  Territory,  and 
great  impositions  may  be  practiced  upon  the  farmers,  merchants,  and  community 
generally  of  this  Territory,  by  the  introduction  of  sp.irious  and  impure  metals, 
and  great  irregularities  may  exists  in  the  scales  and  weights  useedby  the  different 
individuals  dealing  in  the  said  article  ;  therefore, 

Section  i.  Beit  enacted  by  the  House  of  Represenlativex  of  Oregon  Terri- 
toi-y.  That  a  place  l)e  established  at  ( )regon  City  for  the  weighing  and  a.ssaying  of 
gold,  and  melting  anil  stamjjiug  the  same;  and  that  said  establishment  shall  be  kept 
open  daily,  vSuiidays  and  holidays  cxcepte<l,  from  10  .\.  M.,  till  4  o'clock  i*.  M.,  and 
shall  be  under  the  superintendence,  management  and  control  as  hereinafter  provi- 
ded. 

Six.  2.  There  shall  annually  be  elected  by  the  House  of  Representatives,  one 
director,  one  assayer,  one  treasurer,  one  melter  and  one  coiner,  who  shall  severally 
take  the  oath  of  office,  and  give  bonds  and  security,  to  be  approved  by  the  Gover- 
nor, pa\able  to  the  Territory  of  Oregon,  in  the  penal  siun  of  thirty  thou.sand  dol- 
lars each,  for  the  faithful  jjerformancc  of  the  <Iuties  herein  assigned  them,  and  who 
shall  receive  as  a  compensation  for  their  services  per  annum  the  sum  of  nineteen 
hundred  and  ninety-nine  dollars  each,  for  the  titne  such  officers  shall  be  employed, 
to  be  ])aid  (juarterly  out  of  the  proceeils  of  the  establishment  created  by  this  act. 

.Sec.  ;v  vSaid  director  is  hereby  authorized  and  empowered,  immediately  after 
being  pro])er]y  qualified,  to  ])ledge  the  faith  of  the  Territory,  and  the  net  profits 
or  income  arising  from  the  establishment,  to  secure  the  necessary  materials  to  put 
the  establishment  in  successful  operation  ;  and  he  is  hereby  enjoined  and  em- 
powered to  devote  so  much  of  the  first  profits  arising  from  the  concern  to  the  pay- 


I84« 


1848 


I'ROVIRIONAI,    (.OVRRNMKN  r 


455 


miins, 
nitiu'fli 
s  vmIiu- 
)tlKoary 
of  black 
ill  crude 
ere  soon 
seller  as 
:laiininK 
.hile  the 
verroiu, 
his  (lifl'i- 
iblishinK 
t  Oregon 
i])any  to 
^islature 
1.S49,  by 

•/linjl!^  and 

villi  other 
ilory,  ami 
otnmunity 
re  metals, 
e  (iifTerent 

ron  Terri- 
issayin^  of 
^111)0  kept 
V.  .M.,  aiirl 
iftcr  provi- 

ativcs,  011c 
1  severally 
the  Gover- 
lusand  «lol- 
1,  and  who 
f  nineteen 
employed, 
this  act. 

lately  after 
net  profits 
rials  to  put 
d  and  eni- 
to  the  pay- 


nu'iit  of  llif  iuccsr>;iry  pxpiMidilnres  iii'urri-d  Uv  the  ptircli  isf  ol  tlir  ^iii'l  materials 
and  i)Uttinj^  the  esahiishnuMit  in  operation,  as  soon  as  tlie  sanu'  sliali  roiiu-  into  the 
treasury  ;  and  his  draft  shall  l)C  \i\\oA  on  the  treasurer  for  the  amount,  ll  shall  In- 
the  dut\  of  tlie  director  to  have  a  siijierintetiditiK  control  over  tin-  entire  esl.ihlisli 
nient,  and  to  see  that  tlic  provisions  and  rei|iiiri'mrnls  of  this  art  arc  carried  into 
effect ;  to  conslai'lly  review  and  inspect  the  several  de|)arl!ncnts,  and  reipiire  and 
enforce  their  perfect  etlicicncy  ;  to  direct  the  operations  of  the  several  departments 
where  the  same  are  not  herein  specially  provided  for ;  and  to  piihlish  (piarlcrly  a 
statement  of  the  doings  and  condition  of  the  eslahlislimenl  l)y  insertinj>{  in  sonic 
newspaper,  if  any  there  he  puhlislied  in  the  Territory,  or  in  case  there  he  no  news- 
paper printed  in  the  Territory,  ihen  hy  sendinj^  to  the  Clerk  of  the  Counl\  Court 
of  each  county  a  copy  of  their  quarterly  report,  and  annually  report  the  same  to 
the  Legislature. 

She.  4.  It  shall  he  the  duty  of  the  assayer  to  wcij^li  and  nscerlain  llic  purity 
of  whatever  fjold  may  be  offered  for  sale  to  the  establishment,  before  its  purchase, 
and,  when  the  weight,  purity,  and  worth  of  said  gold  is  ascertained,  to  attest  the  same 
and  deliver  the  gold  to  the  treasurer,  with  a  j)roper  cerlilicatc  of  the  facts. 

SpX".  5.  It  shall  be  the  duty  of  the  treasurer  to  purcliase  such  gold  as  shall 
properly  have  passed  the  assaying  lepartmcnt, allowing  si.xteen  dollars  and  fifty  cents 
per  ounce  for  gold  of  virgin  jjurity.  or  twenty-four  carats  in  finencs.s  ;  he  shall  file 
away  the  assayer's  certificates,  and  keep  a  correct  account  of  the  receipts  and  dis- 
bursements of  his  office. 

Sec.  6.  It  shall  be  the  duty  of  the  nielter  an<l  coiner  to  melt  and  prepare  the 
gold  for  stamping,  without  the  interposition  or  intermixing  of  any  alloy  whatever 
with  the  said  gold  ;  to  stamp  it  in  pieces  sveighing  five  pennyweights,  and  ten  pen- 
ny-weights each,  no  more  and  no  less,  upon  such  dies  as  hereinafter  described  ;  he 
shall  receii)t  to  the  treasurer  for  all  gold  received  in  his  (iepartment,  and  the  treas- 
urer shall  receipt  to  him  for  all  the  stamped  gold  returned  by  him  :  and  the  value 
of  said  coin  shall  be  one  dollar  per  penny-weight,  and  be  a  legal  tender  throughout 
the  Territory. 

Sec.  7.  The  dies  for  stamping  shall  represent  on  one  side  the  Roman  figure 
five,  for  the  pieces  of  five  penny-weights,  and  the  Roman  figure  ten  for  the  jjieces 
often  penny-weights;  the  reverse  sides  shall  have  the  words  "Orcgcm  Territory" 
and  the  date  of  the  year  of  stamping  around  the  face,  with  the  arms  of  ( )regon  in 
the  center. 

Skc.  S.  All  the  disbursements  of  the  establisliment,  together  with  the  pay  of 
the  officers  of  the  same,  shall  be  maile  in  the  -.tamped  pieces  hereby  authorized, 
and  whatever  remains  of  profits,  after  de  lucting  the  expenses  of  said  establishment, 
shall  be  set  apart  to  pay  the  public  debt  for  an<l  on  account  of  the  Cayuse  war; 
and  the  same  shall  be  applied  according  to  such  regulations  as  may  hereafter  be 
made  by  law. 

Sec.  9.  That  so  soon  as  this  establishment  shall  bo  ready  lo  go  into  opera- 
tion, the  Governor  sh.dl  issue  a  proclamation  of  the  fact. 

Skc.  10.  Any  individual  weighing  <jr  pretending  to  weigh  and  stamp  gold  in 
Itiis  Territory,  or  stamping  or  pretending  to  stainj)  gold,  or  sliall  jiass  or  pretend  to 
pa.ss  or  attempt  to  circulate  the  same,  when  so  stamjied,  knowing  the  same  to  be 
counterfeited  or  stanijjed  without  authority  of  this  act,  shall  for  each  and  every  of- 
fense f)r  act  of  this  kind,  be  fined  for  the  use  f>f  the  Territorj-,  any  sum  not  less 
than  one  hundred  dollars,  and  imprisonment  for  not  less  than  one  \e.'ir  ;  and  any 
individual  o»-  individuals,  or  any  company,  bodj-  politic  or  corptjrate,  counterfeit- 
ing or  using  the  arms,  or  i>ny  part  thereof,  of  this  Territory,  as  a  stamp  or  mark 


k-> 


f) 


BKOWN  S    POMTICAI,    HISTOKV. 


IS,, 


s 


IS.  ,.;*■ 


iipoM  ,iiiy  metal,  fitlirr  pure  or  adiilteratefl,  shall  br  (Incd  in  any  sum  not  less  than 
»()nc  hundrcfl  dollars,  and  imprisoned  not  less  than   one  year  for  each  oirensc,  by 
indictment  in  a  court  havinjj  competent  jurisdictio'i. 

Skc.  II.  The  criminal  provisions  of  this  act  to  take  elTecl  thirty  days  after 
passa.^e,  the  balance  to  take  elTcct  from  the  date  of  a])proval. 

Approved,  l*'ebruary  i6,  1.S49.  J<.   A.   RICIv, 

()Ko.  Akhrnuthv,  Speaker. 

Governor. 

The  Lejj^islatiire  immediately  elected  the  following  officers  :  James 
Taylor,  director;  Truman  P.  Powers,  treasurer;  Wm.  H.  VVillson, 
melter  and  coiner  ;  Geo.  L.  Curry,  assayer.  The  company  was  com- 
posed of  the  following  representative  men  :  Theophilis  Magruder, 
Wm.  K.  Kilborne,  James  Taylor,  George  Abernethy,  Wm.  H.  Willson, 
Wm.  H.  Rector,  John  (i.  Campbell,  and  Noyes  Smith. 

Mr.  Rector  who  was  a  man  of  considerable  mechanical  ingenuity, 
was  authorized  to  build  the  rolling  mill,  and  furnish  the  dies  and  stamps. 
He  went  to  Salem  and  eniployed  Thomas  Powell,  an  excellent  black- 
smith, to  do  the  forging.  (Mr  Powell  is  still  living,  and  for  a  man 
80  years  of  age  very  active. )  In  a  letter  to  the  historian  on  the  subject 
written  at  his  dictation,  the  writer  says:  "Thomas  Powell  was  em- 
ployed to  do  the  forging  at  one  dollar  per  pound  for  iron  used.  They 
had  considerable  difficulty  in  obtaining  the  iron,  but  by  using  old 
wagon  tires  and  such  .scraps  as  could  be  found,  they  eventually  by 
welding  the  pieces  together,  made  a  very  good  machine,  for  which  he 
(  Mr.  Powell  )  received  $60.  Mr.  Rector  did  the  lathe  work  himself, 
but  Mr.  Powell  a.ssisted  during  the  whole  process  and  received  $40 
extra  pay,  although  he  did  not  e.xpect  it,  as  he  wished  to  see  the  work 
go  through.  Mr.  Hamilton  Campbell  did  the  engraving  on  the  dies." 
From  a  letter  written  by  Mr.  John  P.  Rector  ( third  son  of  Mr. 
Rector's)  the  following  extract  is  made  on  the  .same  subject  :  "  Father 
petitioned  the  Legislature  allowing  a  company  to  coin  gold  dust  (  that 
was  fast  becoming  the  circulating  meditnn  of  the  country ),  intcj  bullion 
in  the  shape  of  five  and  ten  dollar  coins  ;  it  was  granted,  and  a  com- 
pany was  formed  giving  him  the  privilege  of  making  the  tnint.  and  also 
the  money.  He  went  to  work  at  once  to  make  the  machine  which 
gave  him  great  credit  in  the  opinion  of  the  people.  The  work  was 
done  in  Salem,  in  the  shop  of  Thomas  Powell,  a  blacksmith  (  whom 
you  will  remember).  He  did  the  forging,  father  superintending  all 
the  work.  Father  did  all  the  turning  in  Jo.seph  Watt's  shop  o'l  Mill 
creek,  east  part  of  Salem.  Hamilton  Campbell  engraved  the  dies,  and 
he  claimed  to  have  the  tools.  I  saw  him  put  the  engravings  on  the  five 
dollar  dies  ;  if  you  remember  there  was  a  mistake  in  the  order  of  the 


184-'^ 


tH4.S 


I'KUVISIONAI.   C.oVlvKNMKNT. 


157 


itiilials,  '  ().  T.'  IIk>  were  reversed  and  nad  '  T.  ().'  this  was  a  sourer 
of  great  dissatisfaetioii  to  father,  hut  it  recjiiired  so  much  work  to  make 
a  uew  die,  that  it  was  concluded  to  let  it  j;o.  ( )n  the  completion  of  the 
mint,  father  went  to  Orej^on  Cily  and  coined  all  the  gold  dust  that  the 
people  brought  in,  charging  a  certain  jier  cent.,  hut  I  do  not  know 
what  that  was.  The  company  then  met  and  ordered  the  dies  destroyed, 
and  there  was  a  committee  of  three  appointed  for  that  i)urpose.  They 
were  ordered  to  throw  them  from  a  high  rock  that  stands  below  the 
falls  at  Oregon  City.  Whether  they  did  so  or  not  I  do  not  know,  as  there 
was  some  doubt  in  after  years.     The  stamp  I  know  nothing  about." 

The  committee  spoken  (jf  by  Mr.  Rector,  did  not  throw  the  dies  into 
the  Willamette  river,  as  Hon.  I).  P.  Thompson  afterwards  rented  a 
room  of  Mr.  McKenzie,  and  in  cleaning  out  the  rubbish,  he  found  the 
dies  and  sent  them  to  the  vSecretary  of  State  (  S.  Iv.  May  )  to  be  kept 
by  the  State,  and  they  are  now  in  the  vault  of  that  office.  There  is 
also  one  $io  piece  kept  at  the  same  place.  The  author  has  seen  the 
dies  several  times  and  made  impressions  of  them  in  block  tin.  The 
rolling  mill  was  sent  out  somewhere  in  Southern  Oregon,  but  the  lo- 
calit>-  is  doubtful,  probably  Umpqua. 

A  great  many  inquiries  have  been  made  in  regard  to  the  amount  of 
gold  coined,  and  the  best  information  that  can  be  obtained  is,  that 
$30,000  were  coined  in  five  dollar  pieces  and  $2S,500  in  ten  dollar 
pieces — being  $58,500.  As  small  an  amount  as  that  now  appears,  it 
was  a  great  relief  to  the  comnuinity,  but  as  there  had  been  a  large 
amount  of  gold  and  silver  coin  received  in  California  from  Mexico,  and 
some  from  Philadelphia,  after  the  organization  of  the  Territorial  gov- 
ernment, the  necessity  and  legality  for  this  institution  pas.sed  awa>'. 
All  this  money  was  bought  up  b\-  the  U.  S.  Mint  at  San  Francisco  at 
a  premium,  as  it  contained  more  gold  than  the  standard  value,  there 
being  no  alloy  in  the  coin.  On  one  side  of  the  $10  pieces,  around  the 
edge  were  the  words  "Oregon  Exchange  Company,"  and  in  the  circle 
"  10  I)  JO  O,  tuitive  gold  ten  D."  On  the  opjiosite  side  half  around 
the  edge  were  the  letters  "  K.  M.  T.  R.  C.S."  Underneath  were  .seven 
stars  and  a  beaver  on  a  log.  The  reniainiler  of  the  circle  was  an  orna- 
mental .scroll  on  each  side  of  the  date  "1841;,"  and  above,  but  below  the 
beaver  the  letters  "  O.  T."  On  the  $5  pieces  around  the  edge  was  the 
inscription  "Oregon  Kxchrnge  Company,  "  in  the  center  "  130  G  na- 
tive gold  5  ]).'"  On  the  opposite  side  the  letters  in  the  same  position 
as  on  the  $10  piece,  as  follows  :  "  K.  M.  T.  A.  W.  R.  G.  S."  and  the 
remainder  with  beaver  and  date  as  the  other  piece.  It  will  be  noticed 
that  "A"  and  "W"  are  omitted  on   the  $10  pieces,  a  discrepancy  for 


I.S« 


HknWN  S    l'OI,lTl(  Al,    HIST«)KV. 


1H4S 


which  I  have  never  lifcii  ablf  In  iiM-crtaiii  the  raiise.     On  tlie  loriiier 
piece  is  "C,"  while  on  the  $^  piece  is  "(?,"  another  discrepaiic)'. 


R^:CAPIT^•^ATI()N.— I'ROVISIONAI,  C.OVKRNMl'lNT. 

KXKCUTIVK  Committer.— David  Hill,  Alanson  Heers  and  Joseph  Gale,  Im  tn 
July,  lS|;v  to  July,   1S44. 

r.  (i.  .Stewart,  Osburn  Russell  and  Alanson  Heers,  from  July,  1S44,  to  July  1.S45. 
GovF.RNOR.— ("rcorge  Ahernethy,  frotn  July,  1H45,  to  March  p,,  1.S49. 


0; , 

mm 

mm. 


We  now  come  to  le  end  of  the  first  epoeli  of  the  history  of  Orejifon, 
the  closing  of  the  Provisional  Ciovernment,  a  veritable  "government 
of  the  people  and  by  the  people."  A  government  more  peaceful,  just 
and  equitable,  than  either  of  the  two  which  have  followed  it.  The  in- 
habitants of  that  day,  or  the  few  who  still  linger  on  the  shore  of  time 
often  sigh  for  the  days  long  gone  when  Oregon  was  new.  They  came 
peacefully  and  took  possession  of  their  heritage,  laying  the  foundation 
broad  and  deep,  of  what  at  this  writing  are  three  prosperous  States. 
They  did  more — they  as.sisted  in  aciiuiring.  indirectly  it  is  true,  that 
great  State  of  California  and  adding  it  to  the  Union.  •  The  jirime  movers 
in  all  this  were  Captain  John  A.  Sutter,  the  patriotic  Swiss,  James  W. 
Marshall,  thedi.scoverer  of  gold,  the  first  State  (fovernor,  P.  H.  Burnett, 
all  going  from  Oregon.  The  hundreds  of  miners  who  went  from  this 
Territory  wielded  no  small  influence  in  moulding  the  government  of  the 
State.  Now  the  time  had  come  for  the  pioneers  of  the  30' s  and  the 
40's  to  lay  down  the  burden  of  self  goverinnent.  and  on  the  evening  of 
Kel)ruary  16,  1S40,  Speaker  Levi  A.  Rice,  according  to  a  resolution 
previously  adopted,  brought  down  the  gavel  and  declared  the  Oregon 
Legislature  of  the  Provisional  (fovernment  adj(mrned  sii)c  die,  closing 
its  time  and  hi.story,  but  the  government  went  on  until  the  following  3rd 
of  March,  when  Governor  Lane  assumed  office. 


Before  closing  this  volume,  I  respectfully  submit  the  assertion,  that 
I^nglish  navigators  never  di.scovered  one  foot  of  the  Northwest  coast, 
and  that  her  claim  as  such,  is  unfounded  on  facts  of  history.     The  care- 


iH4« 


r.x.|S 


l'k<»\ISI<iNAI,   (.OVI'.KNMI'N'I'. 


1.S9 


laic,  (  'tn 
July  1.S45- 


fill  reiukr  nl  the  IdioKoiiiK  piiKcs,  I  (loiihl  not  will  hear  im-  oiil  in  llic 
assertion  ;  altlionjjli,  as  far  as  I  know,  it  has  mvir  helou'  Ik'imi  assi-rted, 
cxti'pt  hy  tin-  tak-iitcd  Sccntarv  ol  State,  jatnes  Hnrlianan.  Taking; 
the  antht-nlicatcd  narratives  of  all  the  navi>;alors  who  lirsl  sailiMl  alotiK 
the  roast,  coniniencinK  with  Juan  Dc  I'lica,  down  to  Cray  and  Van 
eouver,  the  preponderant  of  evidence  is  in  favor  of  Spain  north  of  the 
Columbia  river  :  and  Gray's  .1  covery  of  that  river,  with  the  Louisiana 
purchase,  gave  to  the  United  States  the  title  to  all  the  country,  from 
the  northern  boundary  '^^  Lal'fornia  north  up  to  54°  40',  and  should 
now  belong  to  the  Uni  d  States,  i  will  not  attempt  to  go  into  l he 
miinitiic  of  detail,  but  ask  the  reader  to  peruse  carefully  the  historical 
data  and  tiie  diplonntical  coiresj^ondeuce  which  is  (|uite  full  and  re- 
liable. 

Hoping  that  the  reader  has  been  entertained  if  not  instructed,  I  will 
close  volume  first. 


Oregon, 
ernnient 
:ful,  ju.st 
Thein- 
of  time 
ley  came 
undation 
s  States, 
rue,  that 
e  movers 
anies  W. 
Burnett, 
Tom  this 
Mitof  the 
i  and  the 
•ening  of 
^solution 
2  Oregon 
',  closing 
wing  3rd 


.ion,  that 
est  coast, 
f he  care- 


4^)(> 


i;k()WN  s  roi.iTit  ai,  historv. 


184  s 


TIMKS  AND  I'LACJvS  ()!•  HOUMNT,  COIRTS. 
SUPXEMK  COVIlT. 
"•'"■  j-  U'liiiii  Tlioriiloii,  Judjff.     Oregon  City,  firit  Moiiilay  in  June  mikI  Se])- 
trnil)(,-r. 

CIKCTIT   C<trKT. 

Hon.  Alon/.o  A.  Skinner,  Juliet. 

Polk  County — I'irst  Monday  in  March  an<3  Se{»teinh>cr. 
Cliauipoic. County  -vSccond  Monday  in  Manc-h  and  Septetnbcr. 
Yamhill  County — Third  Monday  in  March  ami  September. 
Tualatin  County — I'ourth  Monday  in  March  ^nd  Septcml)er. 
Clackamas  County — I'irst  Monday  in  Apr:]  and  October. 
Vancouver  Count)' — Second  Monday  in  Aj^ril  and  October. 
Clatsop  County — Third  Monday  in  April  an-J  October. 
Lewis  Count) — First  Monday  ni  May  and  N«>vemV)er. 


A'i/>>  esriilati'iCS— 
vS.  R.  Thurston 
r.  H.  r.urnett  - 
Ralph  Wilcox-. 


KLRCTION  <»F  jrN'E.   1^48. 

TU.\I..'^T1N    COIJSTV. 

Shfurf— 

-    155  J.  F.  '.Viley 

-  - 1 29      Tnaihrrr — 

195  J.  W.  Chambers 


21 


1 1 


C1,ACK.\M.\S   COiVXTV. 


h'rprrscti/ii/ii'i's — 

.\.  S.  Jwovejoy    16] 

C.  Iv.  Curry 157 

M.Crawford 77 

J.  P.  Rogers        --  .S7 

Wm.J.Piailey 24 

J.  S.  Snook   143 


Reptckenlaiizes — 

3'.  Welch.    .-        .V' 

j.  R.  Robb            i(x) 

M.  M.  McCarver .      .  12.S 

S/ifnp— 

T-  J.  Krown  . 137 

Wm.  Holmes         169 


Rrprcsiiiialii'es — 

W.J.  Bailey 

W.  II.  Rector 

Win.  Port  ins  -  - 
Rice  Dunbor 
I,.  N.  liuglish 
W.  W.  ChajjUian 
.'\l)ncr  (ioines-  -   . 
Robert   Newell  -    - 
'•  )';iitial  rtUini'i  oiilv  ; 


h'cpresciilnlir  s   - 
.\.  J.  Ilembree 
\'m.   Martin 
Adam  Smith 
Levi  \.  Rice 
C.  M.  Walker 


(.IIAMl'dlC    COUN'T^'.'^ 

I^ept  fi^ntatizes  — 
19S  W.  F.  I»ugh 

5S  VVm.  Shaw  -  - 

_...    156    Shr^iff- 

",  Wm.  I'arker. 
60           v..  Ynxirifs^  -  - . 

J.  \V.  Vernun 


42 
1S8 


SfVfial  ;)recimts  nul  ou  fil<:-  in  clrrkS  office. 


Keprewntnti:es.- 
\\v  M,  *^"FfImorc 

145    Slier  iff— 
.    -     39  J.  k    Baker 

-94  J.  Minch  ..- 

74 


9 

lu 

2(K) 

162 

29 


7,S 

17S 

.^2 


\H,\y. 


184.S 


PROVISIONAL   GOVKRNMKNT. 


461 


e  and  Se]) 


213 
113 


30 

128 

169 


9 
10 

2CX> 
162 

29 


75 

178 
33 


h'cfiresfuhiti'i'es — 
II.  Liiiville 
J.  Morin 
A.  C.  R.  Sl-.a-v 
J.  W.   Ne.-^iiiith 
C).    Russell 
M.  A.    I'urd 


I'fil.K    COUNTV. 

A'c/'iisruta  lives — 

NS              A.  Harvey       .. 17 

5.1     S/ieriff— 

13             C.I).  Iviiihree        -- -  50 

J.  M.  Allen ...  24 

J.  H.  Bounds ..  30 


(ft 


vSPRCIAI.  i;iJ-;CTl()N.   NOVKMBKK  27,    iS.jS. 

Tl  AI.ATIN    C(Jl'NTY. 

h'rpii'sni/alivrs —  h'rfficscnla/ii'es— 

iJavid  Hill         _ iS  ;%lin  Voiin^    4 

CI.ACKAMA.S    COUNTV. 

Reprcscntati-i'es — 

.\.  I".  Hedges 47 

(leo.  Walling         37 


Reprcscntalh't's — 

M.  Crawford 40 

P.  I'oster               .        -  II 

R    \'    Short        s 


5  W.  F.  C.ood     3 

']"he  (lue.stion.s  of  "regulating  "  or  "  prohibiting  "  the  manufacture 
of  intoxicating  licinor.s,  and  that  the  county  clerk  of  each  county  act 
as  recorder  of  land  claims,  instead  of  the  secretary  of  the  territory,  was 
submitted  to  the  pe()i)le  at  the  general  election,  June  12,  1X48,  with 
the  following  result : 


cor  XT  Y. 


Clatsop. 
Polk  -- 
Linn    -- 


Tualatin 

Yamhill 

Clackamas 

Vancouver 

Chanipoic 

Benton  


Majorities 


7: 

•fl 

n 

3 

7^ 

3s   ! 

1 

1      1 

crk  as 
der 

93 

M 

37 

64 

34     1 

93 

14 

65 

119 

95 

1    "3 

'34 

54 

144 

2.S 

223 

239 

22 

27 

— 

13" 

239 

109 

693 

71W 

7"7 

7 

680 

•J) 


2-0 


9 
9 


LOAN  commIvSSK)M';r'.s  report 

Aggregate  atnonni  of  bonds  issued ....  Jj!i4,76i    75 

Aggregate  amount  of  vouchers  for  Com.  (icneral   ^ I4i344  95 


Leaving  a  balance  of  -    

Balance  on  C.ov.  Aberucthy's  books 

Rev.  Wni.  Robert  s  draft  on  H.  Campbell. 


I416  So 


42  07 
500  (ji) 


Total 


.   .. I54--'  "7 

(Signed)  Hugh  Burns,  Cumin issiout'i . 


462 


brown's  political  history. 


IS4S 


i^:  < 


•1 » ^i 


TREAvSrRKR'S  RKPORT. 

WhoU-  amount  of  scrip  issued  to  dale 

Amount  redeemed 

Outstanding  scrip  


«.935  5-' 


fS.  I.v'^  59 


Dk. 


Since  last  report  there  has  been  scrip  issued     - $  5,470  7-2 

Absentee  taxes  .- -      -      .  660  00 

County  taxes .- .        1,428  50 

Licenses  to  vend   merchandise,  etc ...    _.  3050) 


Total 


I7..S6.1  22 


Ck. 


Paid  Auditor's  drafts $  ^,52i)   i.S 

I'aid  interest  on  scrip .. 116  70 

Paid  10  per  cent,  collecting  taxes .  62  55 

Scrip  redeemed -     —    — 4,155  22 


Total 


( Signed  \ 


;f7,767  65 

Wm.  R.  Kilhorn,   Vrras.  O.   '/'. 


TERRITORL\L  AUDITOR'S  REPORT. 

Whole  amouut  of  warrants  drawn  on  Treasurer .  I>3>529  20 

By  former  Auditor -    ---  $3,204  10 

By  W.  Clark    .12510 

1.^.529  20 

The  amount  drawn  from  unexpended  appropriation  last  year  342  85 


Balance - 


l3,i«6  35 


To  what  Approp'ialed. 


Pay  of  the  Legislature 

Executive  Department 

Circuit  .Attorney 

I'Yederick  Prigg,  Sec'y  Territory 

C.  \V.  Bell,  Auditor      

Territorial  Treasurer    

Judiciary  Department^ 

Indian  Department 

Contingent  expenses  .-..--      - 

Whole  amount  appropHate<l 
Whole  amouut  expended 
Whole  amount  unexpended - 


Amount 
Appropriated. 


Kx])etuled.        I'nexpended. 


$1200  00 

300  00 

31X)  00 

■So  30 

68  87 

5<x)  cx) 

|6(KJ    CK) 
2CX1   00 

500  00 


|ro69  40 

225  00 

225  00 

80  30 

68  87 

?>?i(^  20 

825    (KJ 
100   00 

25f>  50 


$,V«6  .35 


1 1 30  60 
75  so 
75  00 

163  80 
775  "" 

UK)    (Kl 
243   .5" 


I1562    90 


(vSigued) 


\V.  Ci.AKK,  AiidHoi. 


(»RK<".ON  ClT\',  February  y,  1849. 

NoTK.     About  3, IKK)  immigrants  arrived  in  1848. 


1S4S 


fs.  I3>*  5y 


|7,.S6.1   22 


$7,767  65 

r.s-.  o.  /; 

I3.529  20 


f:i,529  20 
342  85 


l3,i«6  35 

ne.xpended. 

|I30 

60 

75 

K<) 

75 

CM) 

'63 

So 

775 

(HI 

KK) 

(HI 

^M 

5" 

I1562 

90 

4itdi/or. 


